HC slams probe

timesofindia

TNN | Sep 26, 2012, 05.30AM IST

 While transferring the Amit Jethava murder case to CBI, the division bench of Gujarat high court has highlighted how cops botched up investigation at every stage right from registering the FIR.

The high court has found that the probe was not carried out in conformity with legal provisions. Citing the reason for handing over the case to CBI, the court said, "The control exercised by one police officer of a very high rank, all throughout and even after the orders for further investigation by this court, provides sufficient ground to conclude that the investigation was controlled. And the line of investigation was determined and supervised so as to put to naught the allegations made and the suspicion raised by the acquaintances and family members of the deceased."

The court also highlighted that additional DGP Mohan Jha was in control of the investigation from the day FIR was lodged. The court also noticed that Jha remained reporting authority for the investigating officer Raghavendra Vatsa even when the probe was transferred on court order.

The court noticed that since the probe continued to be under Jha's monitoring and guidance, there was no possibility that probe could proceed further on any new line.

Besides, the court highlighted the facts showing how the investigators - Sola police and the city crime branch followed the leads by accused after their arrest. Instead of working on suspicion expressed by witnesses and relatives of the victim, the cops chose to limit their probe to statements given by the accused persons.

From how the FIR was lodged under guidance of many senior officers, the court took notice of the fact on how investigation at a later stage was paralyzed by a "cryptic" court order in rejecting remand of accused person. This was followed by a bad advice to the investigation officer by public prosecutor that the lower court's order should not be challenged.

"A perfunctory investigation on the basis of statements of the accused persons themselves may not unearth the whole truth and meet the ends of justice. Therefore, it is imperative that proper and comprehensive investigation is undertaken by an agency which is not under the control of the state government," the court said.