HC annoyed over shoddy investigation, proposes awarding Compensation to Accused convicted wrongly, Read Judgment

The Madra HC in a recent event bashed the police for the shabby investigation process conducted by them which highlighted the bias that they carry with themselves. The court mentioned that due to this fault of theirs an innocent was held guilty of the crime and the real criminal went scot-free. The court saw a dearth of basic principles of the investigation being followed.

The court astonished at the biased behavior of the Investigation Agency had to interfere in the trial court’s judgment and went on to say that the investigation was carried according to their whims and fancies. The court even mentioned that the Deputy Director of Prosecution up to the Assistant Public Prosecutor, everybody has acted in a casual manner and was very much adamant to add up a 1 lakh Ruppe compensation to the accused who was wrongly implicated for an offense due to the biased nature of the investigation. The same money, the court mentioned, must be recovered from the investigation officers.

The Investigation Agency is entrusted with the job of carrying out fair investigation and the court can not interfere in the same. The Alpha and Omega of the investigation are carried by the IA and thereby the accused has to rely on them. But such fallacy in the same makes us question the investigation and the state of the role which procures to protect the life of each and every individual. Furthermore, the court relied on the Crime Records Bureau data and it was seen that in the state of Tamil Nadu, the conviction rate was declining and the acquittal and discharge rate was rising which clearly points out a larger question. The court even expressed regret over the fact that in the past as well they have come across cases where crucial shreds of evidence were ignored and in such cases justice takes a toll.

The court lastly asked the state to respond to some questions that were as follows:-

1. How the investigation officers are equipped with the knowledge and expertise in conducting a criminal investigation and how it is ensured by the superior officials
2. How the superior officers are monitoring the investigation
3. Are the people monitoring the investigation responsible for the lapse in the investigation
4. Steps were taken by govt in implementation of SC decision in the Prakash Singh case and Tamil Nadu Police Reforms Act,2014 in letter and spirit
5. Steps were taken for implementation of SC decision in the Kishanbhai case
6. Steps were taken for implementation of amended Sections 161, 164, and 275 IPC
7. Whether circulars issued by DGP then and there are strictly complied with and does non-compliance call for any disciplinary action
8. The existing mechanism to enhance the quality of investigation complying with the scientific advances
9. The possibility of issuing a checklist including steps to be carried out by IO and how such a checklist can be produced before the court
10. The Secretary of govt, home, excise, and prohibition dept and DGP shall give their comments as to the present case and further course of action