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Last week, the Supreme Court ordered the transfer of investigation into the murder of one Mohd. Faizal, in police custody in May last year at Police Station Bangermau, District Unnao, Uttar Pradesh, to a senior Police Officer, Shri Bhagwan Swarup, Inspector General of Police, Intelligence, HQ, Lucknow.

While ordered so, a bench of Justices Ajay Rastogi and Bela M Trivedi observed that fair investigation is the backbone of criminal justice system and the object of the investigation is to search for the truth so that it would help in meeting the ends of justice by way of fair trial in Court.

Faizal's mother filed a complaint that her son was brutally murdered in police custody by the local police officials and an FIR came to be registered under Section 302 IPC.

She further alleged that since her complaint was against local police officials who were present in the police station under whose custody her son was brutally murdered, the investigation which has been undertaken by the Circle Officer attached to the same Police, will not be fair and transparent, but the administration did not pay any heed to her request.

The court was further told that without any loss of time just, after recording the statements of the police personnel of the police station, hardly any statement of independent witness being recorded, charge-sheet was filed against Constable Vijay Chaudhary and Home Guard Satya Prakash under Section 304 IPC on 6th August, 2021.

It was also noticed that during the course of investigation, the statements of the persons which were recorded under Section 161 Cr.P.C., hardly any witness supported the commission of crime which, as per the complaint, is alleged to have been committed at the police station itself.

When Faizal's mother approached the High Court, seeking that the investigation either may be transferred to CBI or to some other independent agency so that there can at least be a fair and transparent investigation, the Top Court noted that,

"...the High Court remain completely oblivious of her complaint and taking note of the fact that since charge-sheet has been filed under Section 304 IPC, it was for the prosecution to invoke Section 319 of the Code to summon additional accused for trial, if considered necessary and disposed of the petition....".

Having gone through the statements recorded by the investigating officer of various police officers under Section 161 Cr.P.C. it was found that no one has supported the case of the prosecution, but still charge-sheet was filed under Section 304 IPC and Sessions Judge has framed charges later under Section 302/34 IPC.

"We have not been able to endorse our satisfaction of a fair and independent investigation and the manner in which the investigation has been conducted by the Circle Officer of the police Station under whose jurisdiction the charge-sheet came to be filed...", said the Court.

Accordingly, the bench has ordered that a senior Police Officer, Shri Bhagwan Swarup, Inspector General of Police, Intelligence, HQ, Lucknow shall personally undertake further investigation of the complaint in a fair and impartial manner and a report be furnished to the Top Court within a period of eight weeks.

The case will now be heard on July 19.

Case title: NASIMA vs. THE STATE OF UTTAR PRADESH & ORS.