SC questions functional independence of probe agencies
New Delhi: The Supreme Court on Tuesday raised questions on the functional independence of probe agencies in high-profile cases involving politically influential people.
"When the persons involved in the crime wield political power and influence, the possibility of putting pressure on the
investigating agency, which is no more independent in our country, is much more," a bench comprising justices GS Singhvi and KS Radhakrishnan observed.
The bench made these remarks while rejecting the pleas of the accused in the 2G spectrum scam case seeking recall of the apex court`s two orders barring high court from entertaining any appeals arising out of the matter.
While justifying its two orders and making a critical remark about the investigating agencies, the bench said, "Common people will be left with the feeling that they can get away with any crime which tarnish the image not only of the investigating agency but judicial system as well."
The bench said monitoring of criminal investigation is the function of investigating agency and not that of the court and unsolved crimes, unsuccessful prosecution, unpunished offenders and wrongful convictions bring our criminal justice system in disrepute.
It also said crores and crores of tax payers` money are being spent for investigating crimes in the country since every such incident is a crime against the society.
"Once investigation fails, court will face with a fait accompli. Proper and uninfluenced investigation is necessary to bring about the truth. Truth will be a casualty if investigation is derailed due to external pressure and guilty gets away from the clutches of law," the bench said.
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