Ensure fair investigation in criminal cases: Court to CS (Home), DGP

The HP High Court has directed the Additional Chief Secretary (Home), Director General of Police and Director Prosecution to issue appropriate instructions and impart proper training and conduct orientation programmes to all investigating officers/prosecutors/government advocates to ensure fair investigation.

While passing this direction, a division bench comprising Justice Vivek Singh Thakur and Justice Bipin Chander Negi observed that “Role and duty of investigating agency/prosecutors and other officers and officials associated with them is to churn the truth and to ensure justice to aggrieved persons and not to frame any person by hook or by crook in order to complete the challan and present the same before the court for trial by ignoring the material proving the innocence of accused/suspects. We are living in an independent democratic social welfare republic, which strives for the protection of the innocent under the rule of law.”

The court further observed that “Every person in a welfare set up of system is entitled to free and fair investigation. Like colonial era, it is not the duty of investigating agency to frame a person, named in the FIR or in the complaint or otherwise by using all means, legal or illegal by withholding truth from court. None should be made to face the trial despite having evidence of innocence in his favour, withholding such evidence from court.”

The court passed this judgment while dealing with an appeal filed by the state government challenging the acquittal order passed by the trial court in a cheating and forgery case.