BALWIINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has invoked the inherent jurisdiction of this Court, under Section 482 Cr.P.C, to transfer the investigation of a criminal case to the Central Bureau of Investigation or to any other fair or impartial and independent investigating agency. The petitioner alleges that he is being prosecuted by the State machinery, at the behest of his political opponents, who are governing the State. He alleges that he has been victimized and haunted by involving him in a large number of criminal cases, after his political opponents have taken over the governance in the State.

(2.) Once the executive, at the highest level, fails to take an action, although, certain glaring facts have come on record, the Constitutional Court is left with no other choice but to intervene and make attempt to redress the grievances. Fair investigation is a constitutional right of the accused/victim, fairness being a facet of Article 21 of the Constitution of India. In Babu Bhai Jamuna Dass Patel vs. State of Gujarat , 2010 4 RCR(Cri) 311, the Supreme Court held that not only fair trial but fair investigation is also a part of the constitutional rights guaranteed by the Constitution of India. The Investigating Agency cannot be permitted to conduct the investigation in a tainted and biased manner. In State of Bihar vs. P.P.Sharma , 1991 AIR(SC) 1260, the Supreme Court held that the investigator must be alive to the mandate of Article 21 and is not empowered to trample upon the personal liberty arbitrarily. In Navinchandra N Majithia vs. State of Meghalaya and others , 2000 AIR(SC) 3275, held that the investigating agencies are guardians of the liberty of the innocent citizens and therefore, a heavy responsibility devolves upon them that the innocent persons are not charged and they do not suffer false implication.

(3.) Some facts are required to be noticed. The petitioner is being tried in FIR no.16, dated 04.08.2017, registered under Section 21, 25, 29 61, 85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 and Section 25, 54, 59 of the Arms Act, at Police Station SSOC, Amritsar. At present, the case is pending in the court.