Deadlines imposed for agencies for probes exception, not norm: SC
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New Delhi: The Supreme Court has said timelines are imposed by the courts in completion of the investigation by probe agencies "reactively" and not "prophylactically" where inordinate delay could cause prejudice.
A bench of Justices Sanjay Karol and N K Singh made the remarks while examining an order of the Allahabad High Court, which has given 90 days to the UP police to complete the probe and granted protection to the accused from any coercive action in case of procurement of arms licence by fabricating documents.
"In sum, timelines are imposed reactively and not prophylactically," the bench said while analysing previous decisions of the apex court, and noted that "courts have consistently recognized that directing a timebound investigation must remain the exception rather than the norm".
"It is in this constitutional setting that courts have, in appropriate cases, intervened where delay itself begins to cause prejudice," the top court said while setting aside the order of the high court.
The bench said that timelines are not drawn by the court to be followed by the investigators/the executive right from the beginning, "for that would clearly amount to stepping on the toes of the latter." It said timelines are therefore imposed at a point where not doing so would have adverse consequences, i.e., there is material on record demonstrating undue delays, stagnation, or the like. In sum, timelines are imposed reactively and not prophylactically.
"As such, the timelines imposed by the high court need to be interfered with and set aside. Ordered accordingly," it had ordered.
Elaborating further, the bench added that investigation is a product of many factors and happenings apart from the crime itself, which lend to it a sense of uncertainty, and the law therefore accords investigating agencies a reasonable degree of latitude.
"At the same time, the Constitution does not permit investigations to remain open-ended. The Supreme Court has long held that the right to a speedy trial, which necessarily includes a timely and diligent investigation, forms an essential part of Article 21," the bench said.