Dharam Pal vs State of Haryana - Supreme Court

 Dharam Pal vs State of Haryana - Supreme Court Important Judgment 2016 - 

 

On 29th January, 2016, in the case of Dharam Pal vs State of Haryana & Ors. [Criminal Appeal No. 85 of 2016], it was held that the “Constitutional courts can direct for further investigation or investigation by some other investigating agency. The purpose is, there has to be a fair investigation and a fair trial. The fair trial may be quite difficult unless there is a fair investigation.”

It was held that though “direction for further investigation by another agency has  to be very sparingly issued” but the facts depicted in this case compelled it to exercise the said power so that miscarriage of justice is avoided. The Bench elucidated that the “power to order fresh, de-novo or re-investigation being vested with the Constitutional Courts, the commencement of a trial and examination of some witnesses cannot be an absolute impediment for exercising the said constitutional power which is meant to ensure a fair and just investigation.”

The Bench observed that “it can never be forgotten that as the great ocean has only one test, the test of salt, so does justice has one flavour, the flavour of answering to the distress of the people without any discrimination.” It was further observed that “truth remains and sparkles when justice is done” and “it is the bounden duty of a Court of law to uphold the truth and truth means absence of deceit, absence of fraud and in a criminal investigation a real and fair investigation, not an investigation that reveals itself as a sham one.”

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