Sajjad Husain LawSajjad Husain Law Associates

Whether investigation can be transferred to CBI even after trial has started.

Case: Dharam Pal vs State of Haryana & Ors. (2016)

Court: Supreme Court of India

Bench: Justice Dipak Misra & Justice Prafulla C. Pant

Facts in Simple Flow

1. Appellant’s minor daughter was raped and threatened.
2. Later, his wife went missing and was found dead (murder by strangulation).
3. FIRs registered under serious offences including rape, murder, conspiracy, SC/ST Act.
4. Investigation was allegedly biased and negligent:
5. Key witnesses not examined
6. Police officers faced departmental action
7. Recommendation made by authorities to transfer case to CBI
8. Despite this, High Court refused CBI probe because trial had already begun.

Legal Questions

1. Can investigation be transferred to CBI after trial starts?
2. Is “stage of trial” a bar to fair investigation?
3. What is the scope of Article 21 (fair investigation)?

Supreme Court’s Key Observations

1. Fair Investigation = Fundamental Right

1. Article 21 protects both accused and victim rights.
2. Investigation must be fair, impartial, and credible.

2. Power of Constitutional Courts

1. Supreme Court & High Courts can:
2. Order CBI investigation
3. Order fresh / de novo / further investigation
4. This power comes from Articles 32 & 226.

3. IMPORTANT PRINCIPLE

👉 Trial starting is NOT a bar to fresh investigation

1. Court clearly held:
2. “Stage of trial cannot defeat justice.”
3. Even after witnesses examined, investigation can be transferred.

4. When Court Intervenes

CBI probe justified when:

1. Police investigation is doubtful
2. Officials involved / negligent
3. Victim loses faith in system
4. Justice may fail

Final Decision

1. Supreme Court set aside High Court order
2. Directed CBI to investigate
3. Ordered trial to stop till CBI report

https://youtu.be/jKk9NyB-MrU