Court rejects transfer of death investigation to CID/CBI, emphasizes police investigation.

November 16th 2023.

Court rejects transfer of death investigation to CID/CBI, emphasizes police investigation.
The Bombay High Court recently refused to transfer a probe in the death of a 32-year-old woman from the local police to the state CID or the CBI, saying that merely because the investigation of the investigator is not appealing to the kin of the deceased cannot lead to faulting the investigation. While making sharp observations, the bench underlined that the power to transfer cases are exercised to provide credibility and instill confidence in the investigations or incidents of national and international ramifications.

The plea had been filed by the deceased woman's sister, Bhagyashree Mote, alleging that her sister was killed by her in-laws and that the police had ruled out any foul play in the death. Madhu had died in March this year, a month after her husband passed away due to liver cirrhosis. The in-laws claimed that they had disowned their son and daughter-in-law long back as he was an alcoholic.

The court noted that the police conducted a thorough probe and that the medical evidence did not lead to the conclusion that the woman died a homicidal death. It further said that the investigating agency cannot be burdened and is required to appreciate a case of the prosecution from all the angles for achieving the target of a fair and speedy probe.

The judges also highlighted the inequity that salaried employees face in comparison to slum dwellers. They stated that while the latter are being given free houses and other financial relief, nothing of the sort is being offered to salaried employees despite the fact that they are also facing hardships due to the pandemic. The court observed that such relief should be made available to them as well.

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