ROMILA THAPAR AND ORS. versus UNION OF INDIA AND ORS.

ROMILA THAPAR AND ORS. versus UNION OF INDIA AND ORS.

Majority holds that accused persons cannot demand transfer of investigation to an independent agency or SIT; such relief cannot be granted either directly or through next friends or as public interest litigation. The investigation is still ongoing and at a nascent stage; allegations of mala fide are unsubstantiated. Petition disposed of, accused persons may seek remedies before appropriate courts; interim house arrest order continues for 4 weeks.

Parties
Petitioner: Romila Thapar and Ors.; Respondent: Union of India and Ors.
Jurisdiction
India
Judgment Date
28 September 2018
Procedural Posture
Writ Petition (criminal) / Final Judgment
Outcome
Petition disposed of; majority reliefs not granted.
Legal Topics
Article 32, Public Interest Litigation, Investigation, Special Investigation Team, Unlawful Activities (prevention) Act, Code of Criminal Procedure, Liberty and Dissent
Constitutional Law Criminal Law Human Rights Article 32 Public Interest Litigation Investigation Special Investigation Team Unlawful Activities (prevention) Act +2 more

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Parties

Romila Thapar and Ors.

Petitioner

Union of India and Ors.

Respondent

Procedural Posture

Writ Petition (criminal) / Final Judgment

Legal Issues

  1. 1 Whether the accused or their next friends have locus standi to seek transfer of investigation or court monitored investigation.
  2. 2 Whether the petitioners' reliefs for SIT and court-monitored investigation in FIR No.4/2018 and FIR No.2/2018 are maintainable.
  3. 3 Whether the arrests were the result of expression of dissent or links to a banned organisation.

Ratio Decidendi

Majority holds that accused persons cannot demand transfer of investigation to an independent agency or SIT; such relief cannot be granted either directly or through next friends or as public interest litigation. The investigation is still ongoing and at a nascent stage; allegations of mala fide are unsubstantiated. Petition disposed of, accused persons may seek remedies before appropriate courts; interim house arrest order continues for 4 weeks.

Court Disposition

Petition disposed of; majority reliefs not granted.

Orders

  • Accused persons may pursue remedies before appropriate courts.
  • Interim order of house arrest to continue for four weeks to enable accused to seek relief.