Facts of the Case
The matter was up for hearing because of the special mentioning by Mr K. Chellapandian. When authorized by the Court to move the investigation of Sathankulam to CBI, it decided to take it up Suo Motu.
Arguments of the Parties
The Additional Advocate General contended that the decision to transfer case to CBI is a policy decision of State Government. As a result, it issued the order invoking Section 6 of the Delhi Special Police Establishment Act, 1946. Hence, the approval of the Court implied as a deference to the State Government.
Observation of Court
The Judicial Magistrate should send a copy of the report to the Court and keep the original safe for CBI’s Investigating officer. Furthermore, the Case diaries should be handed over to the CJM for safekeeping and to the CBI’s Investigative Officer. Lastly, the Department of Forensic Science is called upon to gather evidence and to support the Judiciary.
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