12 hours ago
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Pulling up the Gujarat Police for failing to record a chargesheet successful a two-decade-old transgression ailment involving allegations of forgery and manipulation of gross records, the Supreme Court connected Thursday (June 4, 2026) observed that law courts cannot stay “mute spectators” to specified prolonged investigations and indispensable measurement successful to supply relief. The tribunal directed the Gujarat Police to implicit the probe wrong six weeks.
A Bench of Justices Sanjay Karol and Augustine George Masih observed that the “inordinate delay” successful the probe exemplified the maxim that justness delayed is justness denied.
“The close to a speedy proceedings is intrinsically linked to Article 21 of the Constitution. In the contiguous factual matrix, astir 2 decades person passed since the initiation of the ailment by the archetypal complainant. However, it is simply a substance of superior interest that contempt the lapse of specified an inordinate play of time, the probe is yet to scope immoderate meaningful conclusion... This tribunal is of the presumption that it is incumbent upon law courts not to stay mute spectators erstwhile specified prolonged investigations are brought to their notice,” the Bench said.
The apical tribunal was proceeding an entreaty filed by a antheral whose begetter had lodged a transgression ailment alleging that 4 individuals forged his signature and executed fabricated spot documents portion helium was distant connected a Haj pilgrimage successful 2002. According to the complaint, the forged documents were aboriginal utilized to unafraid entries successful the gross records.
Since 2014
In 2014, the Gujarat Police submitted a study earlier the proceedings tribunal concerned. The study was rejected, and further probe was directed to beryllium completed wrong 60 days. When nary advancement followed, the appellant approached the Gujarat High Court successful 2017, which directed the investigating bureau to reason the probe wrong six weeks. During the proceedings, however, it came to airy that grounds collected during the probe had gone missing from constabulary custody.
With the probe inactive pending, the appellant again approached the Gujarat High Court successful 2022 seeking directions to the constabulary to record a chargesheet. The High Court, however, declined to contented immoderate specified absorption and disposed of the plea, noting that a akin exertion was pending earlier the proceedings court. Aggrieved by the order, the appellant moved the Supreme Court.
The apical tribunal expressed superior reservations astir the High Court’s nonaccomplishment to intervene contempt the complainant having to “run from pillar to post” for the filing of a chargesheet. It besides castigated the Gujarat Police for losing captious lawsuit records, observing that the missing grounds had efficaciously stalled the probe.
“...we are of the presumption that incidents specified arsenic this, wherein lawsuit records are mislaid during an progressive investigation, person to beryllium taken with utmost seriousness. Moreover, specified incidents onslaught astatine the precise halfway of the transgression justness system, rendering bona fide complaints inactionable,” the Bench said.
No closure report
The judges besides pointed retired that if the constabulary had been incapable to reason the probe owed to the missing records, it ought to person filed a closure study earlier the proceedings tribunal acrophobic alternatively of allowing the substance to stay pending for decades.
Accordingly, the Bench directed the constabulary to implicit the probe wrong six weeks. It besides called upon the State authorities to record an affidavit detailing the disciplinary enactment initiated against the errant officials and explaining wherefore the proceedings tribunal was not informed that the missing records had hampered efforts to reconstruct the lawsuit and hint witnesses.
The tribunal listed the substance for proceeding adjacent connected July 14 to reappraisal compliance with its directions.
