E. MARY OLIVIA Vs. THE STATE AND ORS.

JUDGEMENT

(1.) FAIRNESS in action is the manifestation of Rule of Law, which in turn, is recognized as a basic feature of the Constitution of India. Fair investigation into crimes and fair trial are concomitants of right to life, guaranteed under Article 21 of the Constitution of India, which is considered to be the most precious rights of all citizens as well as non -citizens. In Babubhai v. State of Gujarat, [ : 2010 [12) SCC 254, the Hon'ble Supreme Court has held that not only fair trial, but fair investigation is also a part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. The Hon'ble Supreme Court has further proceeded to say that therefore the investigation must be fair, transparent and judicious, as it is the minimum requirement of the Rule of Law.

(2.) IN the case on hand, having lost her aged parents, as victims of heinous crime of murder for gain, the petitioner, the daughter of the victims, is before this Court, seeking transfer of the investigation in Crime No. 168 of 2005 to the Central Bureau of Investigation from the file of the CBCID Virudhuangar, on the allegation that the present investigation done by the Inspector of Police, CBCID, Virudhunagar, at Theni, could not make any progress, even in identifying the culprits of the said crime. The facts of the case, in brief, would be as follows: - -

(3.) HAVING waited for a considerable time, Mr. E. Joshua Milton, the son of the deceased, filed Crl. OP. [MD] No. 4909 of 2006, seeking transfer of investigation of this case to the CBCID. When the said Criminal Original Petition came up for hearing before this Court, it was informed by the learned Government Advocate [Criminal Side] that during the course of investigation, the finger prints of the culprits had been collected from the scene of occurrence and the weapon of offence was also recovered. The learned Government Advocate [Criminal Side] further submitted to this Court that a Special Team had been constituted for the purpose of tracing the culprits.