The State(Union Territory Of Andaman And Nicobar Islands) And ORS. v. Mohaseed Haseeb Khan
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR *** MAT/19/2022 IA No.CAN/1/2022 The State (Union Territory of Andaman and Nicobar Islands) and others ... Appellants Vs.
Mohaseed Haseeb Khan ... Respondent Mrs. Anjili Nag Mr. Sumit Karmakar Mr. S.C.Mishra .... For the Appellants Mr. Deep Chaim Kabir Mr. S.Ajith Prasad ... For the respondent January 16, 2023 [SR] Item No.6 The subject matter of challenge in this mandamus appeal is against an order dated 25th November, 2022 directing the National Human Rights Commission to depute a Competent Officer to review the investigation, so far done in respect of all the three FIRs, and file a Consolidated Report before the next available Hon'ble Single Bench. Mr. Deep Chaim Kabir, learned advocate appearing for the respondent/writ petitioner undertakes to file vakalatnama by Wednesday (18.01.2023).
In nutshell, there are three FIRs registered before the Police Station.
Mrs.
Nag, learned advocate appearing for the appellants, while assailing the impugned order submits, that out of three FIRs, investigation has already been culminated in charge sheet in two cases, whereas investigation is going on with respect to another FIR, which is likely to be concluded shortly.
Mrs. Nag contends that in the event of permitting the representative of National Human Rights Commission, as per order impugned to review the investigation, it will not only encroach the rights of the investigating agency, but it will also cause further hindrance to the process of adjudicating body established under the law.
It is submitted by Mrs. Nag that the word used as 'review' has a greater connotation and it has further ramification. Investigation, according to Mrs. Nag, is purely a prerogative of the investigating agency, which may not be allowed to be reviewed in the way as directed to be done. It is fairly suggested by Mrs. Nag that the National Human Rights Commission may monitor the investigation, upon receiving grievances, if any, submitted by the defacto complainant/respondent. It is also proposed by Mrs. Nag that the National Human Rights Commission would be at its liberty to put forward the suggestions, if any, pertaining to the investigation and, if any, suggestion is put forward, the same may be considered by the investigating agency in accordance with law.
Mr. Deep Chaim Kabir, learned advocate replies that there should not be any order encroaching upon the valuable rights of the writ petitioner/respondent with regard to the proposed prayer of the appellants, otherwise there may be unnecessary interference upon misinterpreting the order of this Court by the investigating agency, which is not at all encouraging one.
Having considered the submissions of both sides, we are of the considered view that the word 'review' has different perspective in the field of law, for having its different ramification.
We therefore modify the order passed by the learned Single Judge by putting the word 'monitor' instead of 'review' the investigation by the National Human Rights Commission. The person, so deputed by the National Human Rights Commission to undertake the task, as per the order of the Single Bench, is at his liberty to consider the grievances, if any, raised by the defacto complainant/respondent, and also to suggest proposal, if any, upon viewing the extent of progress of investigation, to the investigating officers, so that there may be a fair investigation of the cases registered for the purpose.
The suggestion so put forward by the National Human Rights Commission may be acted, upon due consideration of the grievance, to be raised by the petitioner, and such suggestions shall be taken up by the investigating agency within the peripheries of the law.
With the above modification, the appeal as well as the connected application stand disposed of. The other portion of the impugned order shall however remain unchanged. The impugned order is thus modified to the extent mentioned hereinabove.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court, pending application of certified copy upon compliance of formalities.
( Subhasis Dasgupta, J. ) ( Saugata Bhattacharyya, J. )