The Role of Courts in Monitored Investigations: Lessons from Past Cases
- Kunal Dev
- Sep 15, 2023
- 1 min read
As courts play an important role in the maintenance of justice, their role in monitored investigations is essential. Courts are given power to ensure that authorities perform their duties as per the regulation under various statutes and orders passed by the administration. Manohar Lal Sharma v. The Principle Secretary & Others and Rajeshwar Singh v. Subrata Roy Sahara And Others are two key judgments in such investigations.
Under Articles 226 and 227 of the Constitution, the High Courts are adequately empowered to direct public authorities to perform their duties. However, as highlighted by the Supreme Court in Manohar Lal Sharma, the jurisdiction of courts to interfere is limited while the investigation is carried out by agencies.
Subsequently, the apex court in Rajeshwar Singh clarified that any interference with the investigation by any individual or group of persons would amount to interference with the administration of justice. In Shahid Balwa v. Union Of India And Others, the court was clear in saying that the conduct of the trial is the responsibility of the trial court, while the court monitoring the investigation facilitates speedy trial by giving directions.
In addition, the Supreme Court in Sanjiv Rajendra Bhatt v. Union Of India And Others made it clear that the court does not intend to interfere with the trial proceedings in a court monitored investigation and the task of the court is to protect the legal system and its personnel. It is clear from the above judgments that courts play an important role in ensuring accountability and transparency in matters concerning criminal investigation and prosecution.
Such observations have also contributed to the strengthening of law enforcement authorities in India in their pursuit of justice. Courts are inextricably linked to criminal investigations and their role should be respected.
-Kunal Sinha
[Kunal Sinha is a qualified lawyer based in NewDelhi, India with expertise in the fields of civillitigation, commercial litigation and commercialcontracts. He has had the privilege of acting forhis clients in the Supreme Court of India, HighCourt of Delhi and District Courts inDelhi/Gurgaon. He can be contacted via email(chambers.sinha@gmail.com) or by phone (+918287409593).]

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