Pathribal Fake Encounter: Cops’ refusal to investigate is unconstitutional maintains SC

New Delhi: The Supreme Court has held that every citizen has a right to get his or her complaint investigated by police in an impartial manner and denial of the same is violative of the Constitution.
A bench of justices A K Ganguly and T S Thakur said in a judgement that investigation procedures cannot be selectively applied to some and denied to others.
“In the facts and circumstances of this case, we find that every citizen of this country has a right to get his or her complaint properly investigated.
“The legal framework of investigation provided under our laws cannot be made selectively available only to some persons and denied to others.
“This is a question of equal protection of laws and is covered by Article 14 of the Constitution,” the apex court said.
The apex court passed the judgement while upholding an appeal filed by Azija Begum challenging the refusal of the trial court and the Bombay High Court to order an independent investigation by any authority other than the local police in the case relating to the murder of one Imran.
Imran was found murdered under mysterious circumstances on February 22, 2009.

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