The Supreme Court has strongly reprimanded the Punjab Police for its inadequate investigation into the mysterious death of a woman. In response, the Court has directed the formation of a Special Investigation Team (SIT) comprising Punjab cadre officers who do not have any personal connections to the state.
A bench consisting of Justices Surya Kant and N. Kotiswar Singh passed the order, instructing the Punjab Director General of Police to constitute the SIT within one week. The team will include two IPS officers from the Punjab cadre with no local ties and one woman officer of the rank of Deputy Superintendent of Police (DySP) or above.
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The Supreme Court expressed its dissatisfaction with the investigation, stating that the victim's death was "unnatural," and a thorough probe at the right time could have led to a clear conclusion.
"We find that the state police has failed to investigate the matter in a dispassionate, fair, and just manner. The transfer of the investigation to the Crime Branch after filing the chargesheet is highly questionable. Once a chargesheet is filed, it is up to the Court to determine whether further investigation is needed," the order noted.
Background of the Case
The case was brought to the Supreme Court by the victim's father, who challenged the Punjab and Haryana High Court’s decision to grant bail to the victim’s husband (referred to as Respondent No.2). According to the family, they initially lived in Amritsar, where the victim was allegedly pressured into an extra-marital relationship with a neighbor. However, she refused and moved with her husband to Gurdaspur.
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In 2020, the woman was found dead with multiple injuries, and the post-mortem report confirmed it was an "unnatural death." Despite this, Respondent No.2 did not file an FIR. Instead, it was the victim’s father who registered a murder case. Initially, the investigating authorities suspected the neighbor and his mother, but later, they were not found guilty due to a lack of evidence. Eventually, the victim’s husband was arrested, and a chargesheet was filed against him.
However, in a surprising turn of events, the investigation was handed over to the Crime Branch, which exonerated the husband. Based on this, the High Court granted him bail.
Before the Supreme Court, the petitioner (victim’s father) not only challenged the bail order but also raised concerns about the flawed police investigation. The Supreme Court had previously issued a limited notice on September 8, 2021, to seek an update on the status of further investigations.
During the latest hearing, the petitioner’s senior counsel pointed out that despite the Court’s order in 2021, no status report had been filed.
"What is happening in your state? An unnatural death has occurred, it is a clear case of murder, and for years, you have not been able to investigate it properly?" questioned Justice Kant while addressing the counsel representing the Punjab government.
The state counsel responded by stating that he had been assigned the case only the previous night and requested additional time to submit a comprehensive report. However, the Supreme Court was not convinced and decided to dispose of the matter by ordering the immediate formation of an SIT to ensure a fair and transparent investigation.
While the Court upheld the High Court’s decision to grant bail to Respondent No.2, it criticized the Punjab Police for its inefficiency in handling the case and emphasized the need for a fair and unbiased investigation.
Case Title: DEEPAK GUPTA Versus THE STATE OF PUNJAB AND ANR., SLP(Crl) No. 6899/2021
