The Supreme Court has held that higher courts can monitor the progress of investigation in criminal cases if it is found that influential persons are trying to impact the course of justice.
A Bench of Justices Altamas Kabir and Cyriac Joseph rejected the argument of some accused persons in a criminal case that courts have no power to monitor investigations as it amounted to usurping the role of the investigating agencies.
“The Courts, and in particular the High Courts and the Supreme Court, are the sentinels of justice and have been vested with extraordinary powers of judicial review and supervision to ensure that the rights of the citizens are duly protected.
“There is, therefore, no doubt that in appropriate cases, the Courts may monitor an investigation into an offence when it is satisfied that either the investigation is not being proceeded with or is being influenced by interested persons,” the Bench observed while dismissing an appeal.
The observation came while hearing an appeal in which the accused had challenged the Gujarat High Court’s decision to monitor the criminal case registered against them at the Sabaramati Police Station on a dispute relating to a housing estate named the Shivalik (Ambali) Cooperative Housing Society Limited.
According to the apex court, the courts have to maintain a constant vigil against any inaction by the authorities in discharging their duties and obligations in the interest of the citizens for whom they exist.
“This Court, as also the High Courts, have had to issue appropriate writs and directions from time to time to ensure that the authorities performed at least such duties as they were required to perform under the various statutes and orders passed by the administration,” the Bench observed.
According to the apex court, the High Courts under Articles 226 and 227 of the Constitution were sufficiently empowered to direct a public authority to perform its duties in accordance with law when it is brought to its notice that the said functions were not being discharged by the public authority concerned.
“There is little doubt that normally investigation of offences is the function of the investigating agencies and the Courts do not ordinarily interfere with the same.
“But, at the same time the High Court is vested with such powers, though the same are invoked only in cases where extraordinary facts are involved, necessitating such monitoring by the Courts,” the apex court said.
