KHATRI & ORS. ETC. versus STATE OF BIHAR & ORS.

KHATRI & ORS. ETC. versus STATE OF BIHAR & ORS.

Reports prepared by public officials upon State direction to investigate the blinding of undertrial prisoners are relevant under Section 35 of the Evidence Act and are not barred from production or use in a writ petition under Article 32 by Sections 162 or 172 of the Criminal Procedure Code. The petitioners are entitled to copies as these reports pertain to ascertainment of violation of fundamental rights, not adjudication of criminal guilt.

Parties
Petitioner: Khatri & Ors.; Respondent: State of Bihar & Ors.; Respondent: Union of India
Jurisdiction
India
Judgment Date
10 March 1981
Procedural Posture
Writ Petition Under Article 32 of the Constitution / Interlocutory Order on Production of Documents
Outcome
Application allowed.
Legal Topics
Scope of Writ Jurisdiction Under Article 32, Production of Documents by State, Sections 162 and 172 of the Criminal Procedure Code, Section 35 of the Indian Evidence Act, Right to Life Under Article 21
Constitutional Law Criminal Law Evidence Law Scope of Writ Jurisdiction Under Article 32 Production of Documents by State Sections 162 and 172 of the Criminal Procedure Code Section 35 of the Indian Evidence Act Right to Life Under Article 21

Case Brief

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Parties

Khatri & Ors.

Petitioner

State of Bihar & Ors.

Respondent

Union of India

Respondent

Procedural Posture

Writ Petition Under Article 32 of the Constitution / Interlocutory Order on Production of Documents

Legal Issues

  1. 1 Whether production of certain documents called for by the Supreme Court is barred by Sections 162 to 172 of the Code of Criminal Procedure, 1973, when the State does not claim privilege under Section 123 or Section 124 of the Indian Evidence Act
  2. 2 Whether investigation ordered by the State Government under section 3 of the Indian Police Act, 1861 is an investigation under Chapter XII of the Criminal Procedure Code, 1973, and whether the reports pursuant thereto form part of 'case diary' within section 172 CrPC

Ratio Decidendi

Reports prepared by public officials upon State direction to investigate the blinding of undertrial prisoners are relevant under Section 35 of the Evidence Act and are not barred from production or use in a writ petition under Article 32 by Sections 162 or 172 of the Criminal Procedure Code. The petitioners are entitled to copies as these reports pertain to ascertainment of violation of fundamental rights, not adjudication of criminal guilt.

Court Disposition

Application allowed.

Orders

  • Registry to prepare and supply copies of the called-for documents to the petitioners' advocate, advocate for State, amicus curiae, and for the Court.
  • Originals to be returned to the State advocate for onward transmission to the Central Bureau of Investigation to facilitate ongoing investigation.