Public interest litigant sought a writ of mandamus directing state officials to appoint a Special Investigating Agency to re-investigate a crime involving an unlicensed gun. The Court dismissed the petition, ruling that allegations of interference were unsupported and the existing investigation by a senior officer was adequate.
No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 13.03.2014
Coram
The Honourable Mr.SATISH K. AGNIHOTRI, ACTING CHIEF JUSTICE
and
The Honourable Mr.Justice M.M.SUNDRESH
Writ Petition No.33029 of 2013
E.Rabino .. Petitioner
Vs.
1. The Secretary to Government,
Home Department,
Fort St.George, Chennai – 600 009
2. The Director General of Police,
Chennai – 600 004
3. The Inspector General
Internal Security
Chennai – 600 004
4. Stanley Jones
Deputy Superintendent of Police,
Valliyur
Tirunelveli District
5. The Superintendent of Police,
Tirunelveli District .. Respondents
[Respondent No.5 is suo motu impleaded
as a party in this writ petition as per order
dated 9.1.2014 made in W.P.No.33029
of 2013.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of mandamus directing respondents 1 to 3 to appoint a Special Investigating Agency like the CBCID after replacing the present investigation team to properly enquire and investigate Crime No.164 of 2012 on the file of the Thirukurungudi Police Station, Tirunelveli District in which a modern technology and highly sophisticated, unlicensed gun viz., RD.F.117/2 RAM 83 ENGLAND MADE D.B.B.L was seized and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case.
The petitioner herein has filed this writ petition by way of public interest litigation, being the President of Valliyur Criminal Bar Association seeking a writ of mandamus directing respondents 1 to 3 to appoint a Special Investigating Agency to investigate Crime No.164 of 2012 on the file of Thirukurungudi Police Station, Tirunelveli District.
Pre-Delivery Order in
W.P. No.33029 of 2013
SKVI(CO)
sd 25/03/2014
3 issues framed by the court
Whether the averments regarding interference in investigation and spread of gun culture provide sufficient merit to transfer the case to a Special Investigating Agency.
Whether a report in a newspaper can form the basis for concluding that license gun culture is being spread.
Whether the investigation conducted by a Senior Police Officer is sufficient or needs transfer.
2 provisions across 2 enactments
E.Rabino
Secretary to Government, Home Department
Director General of Police
Inspector General Internal Security
Stanley Jones
Superintendent of Police, Tirunelveli District
SATISH K. AGNIHOTRI
M.M.SUNDRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
