Supreme Court orders SIT probe into wife-swapping charges in the Navy
The Supreme Court today ordered Kerala Police to set up an SIT to probe into allegations of wife-swapping lodged by the estranged wife of a naval officer.
New Delhi: The Supreme Court today ordered Kerala Police to set up an SIT to probe into allegations of wife-swapping lodged by the estranged wife of a naval officer.
The apex court, which ruled out CBI investigation into the FIR alleging that besides the husband of the woman, four other Navy officers and a spouse of one of them were indulged in wife-swapping in the force, directed the Kerala DGP to set up the SIT headed by a police officer not below the rank of a DIG and conclude the probe in the 2013 FIR "preferably" within
A bench of Chief Justice T S Thakur and justices R Banumathi and U U Lalit, while rejecting the plea for CBI probe, said, "It is well settled that the extraordinary power of the constitutional courts in directing CBI to conduct investigation in a case must be exercised rarely in exceptional circumstances, especially, when there is lack of confidence in the investigating agency or in the national interest and for doing complete justice in the matter."
Justice Banumathi, penning the verdict, said, "Considering the facts and circumstances of the case in hand, in the light of ...principles, we are of the view that the case in hand does not entail a direction for transferring the investigation from the state police/special team of state police officers to CBI. The facts and circumstances in which the offence is alleged to have been committed can be better investigated into by state police."
It also rejected the submission of the estranged wife of the navy officer that the cases, filed by accused including other naval officers in the Kerala High Court seeking quashing of the FIR, be transferred to the Delhi High Court.
The apex court also said that it transfers a case from one state to another only if there is a "reasonable apprehension on the part of a party to a case that justice will not be done".
"Mere apprehension that the accused are influential may not be sufficient to transfer the case. Since a special team of state police officers is constituted for further investigation, we are not inclined to order the transfer of the criminal miscellaneous petitions from the High Court of Kerala to the High Court of Delhi," it said.
The apex court also uplifted the rule where the General Body of the Consortium of National Law Universities on 12 June had asked all students to get vaccinated before appearing for the exam
The petition claims that the appointment of the panel was made in violation of Article 77, which states that every executive action or order of the Central government has to be taken or issued in the name of the President, and hence unconstitutional and illegal
States responsible for implementation of 2015 judgement scrapping Section 66A of IT Act: Centre tells SC
The Centre said it has also requested them for submission of reports to the IT ministry on the number of cases booked under Section 66A of the IT Act, and directing them to withdraw any prosecution invoking 66A.