Underscoring that power to direct reinvestigation lies with higher courts, the High Court of J&K and Ladakh has ordered a fresh investigation into the fraudulent withdrawal of funds by officers of the Rural Development Department (RDD), Doda, during 2009-10 and 2010-11.
“It is within the domain of the magistrate to order further investigation only, however, the power to direct re-investigation lies with the higher courts, based on the facts in each case,” a bench of Justice Wasim Sadiq Nargal said.
The question before the court was whether the Special Judge Anti-Corruption, Doda, was within its jurisdictional power to direct re-investigation of the case in light of the closure report submitted by the investigating agency.
And, if the High Court could order re-investigation, de-novo and fresh or further investigation in a peculiar case while exercising powers under Section 482 of the Code of Criminal Procedure.
“The constitutional courts have the authority to order re-investigation, de-novo, and fresh or even assign the investigation to any other investigating agency, to ensure a fair investigation,” the court said and observed fair trial was often impossible without a fair investigation.
“Section 482 of the Code of Criminal Procedure Code affirms that the High Court retains inherent powers to issue orders to uphold the principles of justice, irrespective of the provisions outlined in the Code,” it said.
“The language used in Sub-section 8 of Section 173 of the Code does not constrain the powers of the High Court to order a fresh investigation or re-investigation under Section 482 of the Code, if it determines such action essential for achieving fair and impartial justice,” the court said.
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