IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 18888 of 2008. Date of Decision: 25th May, 2009. Kalo Devi ....Petitioner through Mr. Rakesh Gupta, Advocate Versus Union of India & Ors. .Respondents through Mr. Ram Chander, Advocate Mr. R.D.Sharma, DAG, Haryana. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL) The petitioner seeks a direction for fair and impartial investigation of the case arising out of FIR No. 123 dated 13.7.2008, registered at Police Station, GRP, Hisar, under Section 304/34 IPC. The afore-stated case pertains to the alleged custodial death of the petitioner's husband – Dalbir Singh. It is not in dispute that Dalbir Singh was taken into custody by the Railway Police from Railway Station at Jakhal in the night of 15th May, 2008 and FIR No. 92 dated 16.05.2008 under Section 294 IPC was registered against him as he was allegedly drunk and was behaving indecently at the Railway Station. He was produced before the Ilaqa Magistrate on 16th May, 2008. The petitioner's husband was got admitted in the Hospital on 16.5.2008 and was thereafter referred to the PGIMS, Rohtak where he unfortunately expired on 20.5.2008. While the petitioner alleges that the cause of death was the injuries suffered by her husband at the hands of the police, the respondents have refuted those allegations. According to learned State Counsel, investigation is now over and a cancellation report has been prepared, though it has not been presented so far. I have heard learned counsel for the parties at some length and perused the record. In my considered view, the circumstances which led to the unnatural death of the petitioner's husband ought to have been got investigated from an agency other than the local/railway police. The investigating agency is obligated to ensure that an occurrence which tantamounts to a 'cognizable offence' is investigated in a fair, impartial and dispassionate manner and the investigation is taken to its logical conclusion. It is imperative that the investigator is free from bias and acts impartially. The fact that the petitioner's husband died while in police custody puts the investigating agency under a more onerous duty to cause transparent investigation, in consonance with the well known maxim that the “justice must not only be done but it must appear to have been done”. It is, however, neither desirable nor expedient for this Court to express any views on merits of the case as it may unnecessarily prejudice either of the parties. Consequently, and for the reasons afore-stated, the writ petition is allowed and the Additional Director General of Police, Crime Branch, Haryana is directed to constitute a Special Investigation Team which should be headed by an officer not below the rank of Deputy Superintendent of Police, who shall investigate the case FIR No. 123 dated 13.7.2008, registered at Police Station, GRP, Hisar afresh and uninfluenced of the findings/observations, if any, made by the earlier Investigating Officer. The needful shall be done as early as possible and preferably within three months from the date a certified copy of this order is received. The cancellation report prepared by the Investigating Agency shall not be presented to the court concerned. It is made clear that this order shall not be taken as an adjudication of the petitioner's right to claim compensation and she shall be at liberty to seek such relief before an appropriate forum and at an appropriate stage. Disposed of. Dasti. May 25, 2009. ( SURYA KANT ) dinesh JUDGE