SHAMIMA KAUSER v. UNION OF INDIA AND ORS. INSC 342

SHAMIMA KAUSER V. UNION OF INDIA

FACTS:

The case related to a fake encounter case of Gujarat Police where police killed some persons including Javed Sheikh alias Pranesh Kumar Pillai.

The appellants wanted a fair investigation on the allegations that the Gujarat Police had planted witnesses.

The issue went to the Supreme Court after split verdicts from the Gujarat High Court, including one that allowed a parallel probe.

ISSUE:

Did the Gujarat Police's actions, including conducting a parallel inquiry, violate constitutional rights under Articles 21 and 226, and should the investigation be transferred to an independent agency such as the CBI?

DECISION:

The appeals were disposed of with the Supreme Court mandating early hearing and denying the authority of the Gujarat Police for concurrent investigation.

The majority decried the high incidence and called for independent investigations with special regard to the custodial deaths. They also emphasized on the constitutional right under Article 21, which enjoins the state not to prejudice anyone.

The Court expressed disapprobation with the High Court for endorsing parallel investigation and said that all proceedings being conducted by the Magistrate and other related investigations should be stayed.

They have firmly established the Supreme Court in the place of delivering justice for violation of basic human rights in cases of violence during custody. It focused on the aspects of impartality especially while dealing with matters touching on police conduct in sensitive areas such as fake operations, It set a stage for dealing with such issues in the future.