SC-ACCUSED 2 LAST

The apex court passed the observation while dismissing
the appeal of Kedarnath Parida and other accused who
challenged a direction of the Orissa High Court to the DGP
(Director General of Police) to include in the investigation
and chargesheet the names of all the 19 accused as originally
named by the Additional SP Jajpur.

The accused had claimed that courts have no powers to
interfere in the investigation process as it was the
prerogative of the investigating agency.

Rejecting the arguments, the apex court said courts can
intervene in criminal investigations when the investigating
agency acts with malafide at the instance of influential
persons, like politicians, to shield the accused.

"When any illegality and/or malafide action on the part
of the investigating authorities, either on its own or at the
behest of an interested party, is brought to the notice of the
high courts, they in exercise of their inherent and plenary
powers are entitled to intervene to set right the illegality
and or malafide," a bench of Justices Altamas Kabir and Cyriac
Joseph observed.

The decision to drop the names of 12 of the accused was
taken at the direction of the State DGP and the IG, Central,
despite the fact that the Additional SP Jajpur, had in his
original report found prima facie evidence against all the 19
accused. PTI RB
JVN


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