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dereliction and gross negligence in the discharge of their duties
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Showing posts with label
dereliction and gross negligence in the discharge of their duties
.
Show all posts
Sunday, January 6, 2013
The analysis of the evidence afore-extracted, prima facie, shows that Sri S. Chaturvedi, presently Additional Deputy Commissioner of Police, Task Force (the then Assistant Commissioner of Police, Gopalapuram), orchestrated investigation to unduly benefit the 3rd respondent-landlord, and to the detriment of the petitioner-tenant (the victim). Under the protective umbrella of Sri S. Chaturvedi, Sri K. Venugopal, (the then Investigating Officer), short circuited the investigation and prepared a draft final report as "lack of evidence". = If the State's machinery fails to protect a citizen's life, liberty and property, and the investigation is conducted in such a manner as to help the accused, it is but appropriate that the Court should step in to prevent the miscarriage of justice perpetrated on the victim. "The law should not be seen to sit by limply, while those who defy it go free, and those who seek its protection lose hope." Courts have to ensure that the accused are punished, and the might or authority of the State is not used to shield them. If deficiency in investigation is visible or can be perceived by lifting the veil which hides realities or covers obvious deficiencies, courts have to deal with them with an iron hand within the framework of the law. It is the duty of the court to ensure that full and material facts are brought on record to avoid miscarriage of justice. The justice-delivery system cannot be allowed to be abused, misused and mutilated by subterfuge. (Zahira Habibulla H. Sheikh v. State of Gujarat9; Jennison v. Baker10 and Shakila Abdul Gafar Khan v. Vasant Raghunath Dhoble11).
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THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.25094 OF 2011 28-02-2012 Smt.Anjali Jain The Commis...
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