BIMAL GURUNG versus UNION OF INDIA & ORS.

BIMAL GURUNG versus UNION OF INDIA & ORS.

In the absence of any substantiated pleadings or material to show bias or mala fides by State functionaries or police officers, and given the seriousness and number of FIRs involving violent offences, it is neither practicable nor justified for the Supreme Court to exercise jurisdiction under Article 32 to transfer all the cases en masse to an independent agency. The State police is obligated to investigate cognizable offences, and allegations of bias must be substantiated and raised against individuals for consideration.

Parties
Petitioner: Bimal Gurung; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
16 March 2018
Procedural Posture
Writ Petition (criminal) / Final Judgment on Petition Under Article 32
Outcome
Writ Petition dismissed
Legal Topics
Transfer of Investigation, Bias in Investigation, Freedom of Speech and Assembly, Police Duties, State Functions, Agitation and Law & Order
Constitutional Law Criminal Law Administrative Law Transfer of Investigation Bias in Investigation Freedom of Speech and Assembly Police Duties State Functions +1 more

Case Brief

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Parties

Bimal Gurung

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (criminal) / Final Judgment on Petition Under Article 32

Legal Issues

  1. 1 Whether the investigation of all FIRs against Bimal Gurung and GJM members should be transferred from West Bengal Police to an independent agency
  2. 2 Whether allegations of bias and political motivation require transfer of investigation
  3. 3 Whether Article 19 protects demonstrations that become violent

Ratio Decidendi

In the absence of any substantiated pleadings or material to show bias or mala fides by State functionaries or police officers, and given the seriousness and number of FIRs involving violent offences, it is neither practicable nor justified for the Supreme Court to exercise jurisdiction under Article 32 to transfer all the cases en masse to an independent agency. The State police is obligated to investigate cognizable offences, and allegations of bias must be substantiated and raised against individuals for consideration.

Court Disposition

Writ Petition dismissed