IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.1326 of 2010 alongwith CWP No.2037 of 2010. Date of decision: May 15, 2010 ________________________________________________________ Sampooran Singh Kalmotia ….. Petitioner in CWP No.1326 of 2010 Gopal Krishan ….. Petitioner in CWP No.2037 of 2010 Versus State of H.P. & ors. ….. Respondents (in both the petitions) Coram: The Hon’ble Mr.Justice Kurian Joseph, Chief Justice The Hon’ble Mr.Justice Deepak Gupta, Judge For the petitioner: M/s.Pankaj Bhardwaj and P.P.Chauhan, Advocates for the petitioner in CWP No.1326 of 2010 and M/s.Ranjana Parmar and Pankaj Bhardwaj, Advocates for the petitioner in CWP No.2037 of 2010. For the respondents: Mr.R.K.Bawa, Advocate General with Mr.J.K.Verma, Dy.A.G for the respondents No.1 and 2 (in both the petitions). Mr.Ashok Kumar Thakur, CGSC, for respondent No.3 (in both the petitions). _____________________________________________________ 2 Justice Kurian Joseph, C.J.(Oral) In both the writ petitions, the prayer is common- to transfer the investigation of the case registered as per FIR No.66 on the file of Shimla West Police Station to the Central Bureau of Investigation. Writ Petition No.1326 of 2010 is filed by the father of Ritu Kalmotia (deceased) and Writ Petition No.2037 of 2010 by the maternal uncle of the deceased. In view of the order we propose to pass, we do not think it necessary to refer to the various allegations raised by the parties. However, it is to be noted, in view of the special importance of the case, a special investigating team headed by Deputy Superintendent of Police under the supervision of Inspector General of Police (CID) for investigating this case had been constituted by the State. The learned Advocate General submits that despite such timely efforts and well meaning steps taken by the State, the investigation could not seriously progress in the case since there is no cooperation on the part of the father of the deceased or the other relatives of the deceased. According to the learned counsel for the petitioner, in view of the involvement of the suspected 3 persons/accused in this case, the petitioner is not in a position to speak out and render effective cooperation for the investigation of the case. It is submitted that in case the investigation is conducted by an outside agency, the parties will be in a position to have free and frank cooperation with regard to the investigation. We do not find any basis for such an apprehension expressed by the petitioner. In every case where an offence is committed in the State and where one of the police officers or a high dignitary from the State is involved in the case, it is not as if the police in the State cannot investigate the case. 2. However, having regard to the peculiar facts and circumstances of the case and having regard to the very fair stand taken by the State that in case the Court feels that it would be more appropriate to have the case transferred to the CBI for the investigation, the State has no objection and having heard the learned counsel appearing for the petitioner, the learned Advocate General appearing for the State and the learned Central Government Standing Counsel appearing for the CBI, we are of the view that it would only be more appropriate 4 that the investigation is conducted in this case by an outside agency, i.e., respondent No.3, CBI. It will not also be altogether out of context to appeal to the petitioner(s) and the public not to have the trial of the case, and for that matter any criminal case, in the media when the investigation is in progress. Such trial will definitely have an adverse impact on investigation and will naturally affect the progress of the investigation. The same amounts to interference with the due course of justice. Therefore, we direct the Investigating team not to discuss the progress of the investigation in public or disclose the same to the media until the investigation is completed. We also direct the petitioner(s) and other well meaning members of the public not to indulge in any trial elsewhere before the actual trial takes place in accordance with the Code of Criminal Procedure before the Criminal Court of any criminal case. 3. The written instructions dated 14th May, 2010 of the State Government is taken on record. 5 4. The writ petitions are disposed of, so also the pending applications, if any. Dasti copy. (Justice Kurian Joseph), Chief Justice May 15, 2010 (Justice Deepak Gupta), (m) Judge