Courts can monitor probe into criminal cases: SC

“The courts,and in particular the High Courts and the Supreme Court,are the sentinels of justice and have been vested with extraordinary powers of judicial review and supervision to ensure that the rights of the citizens are duly protected,” the bench observed while dismissing an appeal recently.

“There is,therefore,no doubt that in appropriate cases,courts may monitor an investigation into an offence when it is satisfied that either the investigation is not being proceeded with or is being influenced by interested persons,” it added.

The observation came while hearing an appeal in which the accused had challenged the Gujarat High Court’s decision to monitor the criminal case registered against them at the Sabarmati police station. It was a case of dispute relating to a housing estate named the Shivalik (Ambali) Cooperative Housing Society Limited.

According to the bench,courts have to maintain a constant vigil against any inaction by the authorities in discharging their duties and obligations in the interest of the citizens for whom they exist.

According to the apex court,the High Courts under Articles 226 and 227 of the Constitution are sufficiently empowered to direct a public authority to perform its duties in accordance with the law when it is brought to its notice. “This court,as also the High Courts,have had to issue appropriate writs and directions from time to time to ensure that the authorities performed at least such duties as they were required to,” the bench observed.