Supreme Court Urges Impartial Investigations and Judicial Process

Supreme Court Urges Impartial Investigations and Judicial Process

VoM News Desk | October 20, 2023 | 10:27 PM IST | Courts & Law | Follow on Google News

Supreme Court Urges Impartial Investigations and Judicial Process

Supreme Court Urges Impartial Investigations and Judicial Process

The Supreme Court of India delivered a strong message on Friday, emphasizing that trials and investigations should not be influenced by political rivalry. The Court set out to examine a public interest litigation (PIL) highlighting concerns regarding the decision-making processes for investigations and prosecutions in the state of Tamil Nadu, often influenced by the political party in power. This practice has, at times, led to the acquittal of state ministers, eroding public faith and confidence in the judicial process.

Notice Issued to Tamil Nadu Government

A bench comprising Justices Surya Kant and Dipankar Datta issued notice to the Tamil Nadu government in response to a PIL filed by lawyer Karuppiah Gandhi. The petition names 16 ministers in the current Dravida Munnetra Kazhagam (DMK) government and two members of parliament facing criminal charges as parties to the petition. Gandhi’s demand is for investigations into these high-profile cases to be transferred to federal agencies, such as the Central Bureau of Investigation (CBI) and the Enforcement Directorate (ED).

Balancing Interests and Maintaining Independence

The Supreme Court bench underscored the need for a fair and balanced approach, stating, “There should be no investigation and trial based on political rivalry. We are trying to maintain a balance between both sides – the people involved on one hand and the society on the other hand.”

Contesting the Maintainability of the Petition

Senior advocate Dushyant Dave, representing the state government, opposed the maintainability of the petition, arguing that the intent was to involve central agencies and that it would set an undesirable precedent. He suggested that the petitioner could approach the high court instead. The bench agreed to issue notice to the state government to contest the maintainability of the petition, granting four weeks for the response. The bench also sought information from the state government regarding cases against individuals, irrespective of their political affiliation.

Examining Acquittal Orders and Delays

The Supreme Court expressed concerns over entertaining the petition against individual ministers, especially when some of the acquittal orders date back to 2012. The bench questioned whether constitutional courts can reopen cases after such significant delays. It also acknowledged the possibility of allegations against investigating agencies and suggested that an independent agency, like a special investigation team, may be better suited to uncover the truth.

Fundamental Rights and the PIL

In response to the state’s argument that the PIL should only be maintainable for enforcement of fundamental rights, the bench clarified that the issue pertains to the fundamental rights of society. The Court decided to post the matter for further proceedings after four weeks.

VoM News Desk

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