No Justification For Subjecting Citizen To Indefinite Period Of Investigation: Punjab And Haryana High Court
No Justification for Subjecting Citizen to Indefinite Period of Investigation: Punjab and Haryana High Court
Introduction
The investigation is a crucial stage in the criminal justice process, aimed at collecting evidence to determine whether a case should proceed to trial. However, prolonged or indefinite investigations can severely infringe upon an individual's fundamental rights, including the right to liberty, privacy, and the right to a speedy trial under Article 21 of the Constitution of India.
The Punjab and Haryana High Court, along with other courts, has emphasized that an indefinite or unreasonably prolonged investigation is neither justified nor permissible under law.
Legal Principles and Reasoning
1. Right to Speedy Investigation and Trial
The Supreme Court of India and various High Courts have held that the right to a speedy trial is an essential facet of Article 21 (Right to Life and Personal Liberty).
The right to speedy trial implicitly includes the right to a timely and reasonable investigation.
Prolonged investigations lead to undue harassment and mental agony of the accused or the person under investigation.
2. Investigation Must Be Completed Within Reasonable Time
Investigation should be completed promptly and within a reasonable period.
Indefinite investigations cause unnecessary delay in justice delivery.
Extended investigations may also lead to loss of evidence, fading memories of witnesses, and overall weakening of the prosecution case.
Punjab and Haryana High Court Judgments
1. Sushil Sharma v. State of Haryana, CWP No. 5415 of 2016
The Punjab and Haryana High Court held that indefinite investigation cannot be allowed.
The court stated that if the investigation is not completed within a reasonable time, the affected person is entitled to approach the court for appropriate relief.
The investigation should be conducted diligently and concluded within a stipulated time frame.
2. Rajinder Singh v. State of Haryana, 2018 SCC OnLine P&H 1008
The High Court observed that citizens should not be subjected to harassment by keeping the investigation open-ended.
The court insisted on completion of investigation expeditiously and criticized police authorities for delaying investigations without reasonable cause.
3. Anil Kumar v. State of Punjab, CWP No. 3457 of 2017
The Court reiterated that the investigation must be carried out promptly and there is no justification for prolonging investigations indefinitely.
The court emphasized the necessity of monitoring investigations and directed the authorities to conclude investigations within fixed timelines.
Supreme Court Guidance (Applicable Nationwide)
Though the question relates to Punjab and Haryana High Court, the Supreme Court’s pronouncements provide overarching principles:
1. H.K. Verma v. Union of India, AIR 1979 SC 610
The Court held that prolonged investigations violate the right to life and personal liberty.
Investigation must be fair, just, and speedy.
2. State of Maharashtra v. Praful B. Desai, (2003) 4 SCC 601
The Supreme Court emphasized that delays in investigation and trial affect the fundamental rights of the accused.
Trial and investigation should be concluded expeditiously to avoid miscarriage of justice.
Practical Implications of Indefinite Investigations
Harassment and Mental Agony: Persons under investigation face social stigma, stress, and harassment.
Impact on Employment and Reputation: Ongoing investigations affect the individual’s livelihood and reputation.
Risk of Abuse of Power: Unending investigations can be misused by authorities to harass citizens.
Remedies Against Indefinite Investigation
The affected person can file a writ petition under Article 226 seeking direction to conclude the investigation.
Courts may direct the investigating agency to file a final report or close the case within a stipulated time.
Courts have also ordered compensation in cases where prolonged investigation caused undue hardship.
Conclusion
The Punjab and Haryana High Court has firmly established that there is no justification for subjecting any citizen to an indefinite or unreasonably prolonged period of investigation. Investigation is a tool for justice, not harassment. It must be conducted with due diligence, in a fair and prompt manner, safeguarding the fundamental rights of individuals.
The courts provide a crucial check against investigative delays, protecting citizens from arbitrary or malicious use of investigative powers.
RELATED Blog
0 comments