Supreme Court Orders Fresh Investigation in Law Student’s Mysterious Death Case

The Supreme Court of India, in the case of Neetu Kumar Nagaich vs. The State of Rajasthan & Others, delivered a crucial judgment concerning the death of a 21-year-old National Law University Jodhpur student under mysterious circumstances. The Court addressed the petitioner’s plea for justice in unraveling the truth behind her son’s homicide, expressing dissatisfaction with the investigation conducted by the State Police.

The ruling emphasized the need for a fair, impartial, and transparent investigation, setting aside the closure report filed by the police and ordering a de novo investigation by a fresh team of officers.

Background of the Case

The petitioner, Neetu Kumar Nagaich, is the mother of the deceased, who was a third-year law student at National Law University (NLU), Jodhpur. The incident occurred on the night of August 13, 2017. The deceased had gone out with his friends to a restaurant near the university campus. The next morning, his dead body was found on the railway tracks behind the restaurant.

Initially, the authorities claimed that the student had committed suicide due to depression, and no FIR was registered by the University authorities. After much persuasion by the petitioner and her husband, an FIR was registered nearly ten months later, on June 29, 2018, under Section 302 IPC at Mandore Police Station, Jodhpur.

Legal Issues and Arguments

The key legal issues in this case were:

• Whether the investigation conducted by the police was fair and impartial.
• Whether there was sufficient evidence indicating a homicidal death.
• Whether a fresh investigation should be conducted to ensure justice.

Arguments by the Petitioner

The petitioner’s counsel, Shri Sunil Fernandes, presented the following arguments:

• The investigation by the police was inadequate and failed to collect crucial evidence.
• For almost ten months, no FIR was registered despite repeated requests by the petitioner.
• The crime scene was not sealed, and no forensic investigation was conducted immediately.
• The claim of suicide due to depression was baseless and not supported by any credible evidence.
• The railway authorities confirmed that five trains had passed over the tracks that night, and none of the drivers reported any untoward incident.
• A witness who passed by the railway tracks at 6:30 AM did not see any dead body, raising doubts about the time and place of death.
• The injuries on the deceased’s body indicated a homicidal attack rather than an accidental or suicidal death.

Arguments by the State of Rajasthan

The State of Rajasthan, represented by Senior Counsel Dr. Manish Singhvi, argued that:

• The inquest proceedings under Section 174 CrPC were promptly initiated.
• A special investigation team had examined several witnesses and collected available evidence.
• Despite exhaustive efforts, no offenders could be identified.
• The closure report was filed after completing all possible leads and should be accepted.

Supreme Court’s Analysis and Judgment

Deficiencies in Investigation

The Court noted several discrepancies and deficiencies in the investigation:

• The deceased’s return entry to the hostel was recorded in the register, but one of his friends later claimed to have made the entry by mistake.
• No CCTV footage from the university gate was examined to confirm whether the deceased left the hostel alone at 10:30 PM.
• The claim that the mobile service providers could not provide location data due to “dark zones” was questionable.
• The caretaker of a nearby warehouse was not examined simply because he was deaf, which the Court found to be an absurd justification.
• The closure report initially claimed an accidental death but later acknowledged it was homicidal, yet still concluded without identifying any offenders.

Need for a Fresh Investigation

The Supreme Court cited previous judgments, including Babubhai vs. State of Gujarat (2010) 12 SCC 254, to emphasize that fair investigation is a fundamental right under Article 21 of the Constitution. The Court reiterated that if an investigation appears biased or incompetent, constitutional courts can order fresh investigations.

Orders by the Supreme Court

The Court set aside the closure report and directed the formation of a fresh investigation team under a senior police officer. The team was ordered to conduct a thorough investigation using modern forensic and technological tools.

Key Directives

• The new investigation team must not include any officers involved in the previous probe.
• The investigation must be completed within two months.
• The final report must be submitted before the concerned trial court.

Legal Principles Established

This judgment reinforces several key legal principles:

• Right to Fair Investigation: Every individual has the right to an impartial and thorough investigation, which is a component of the fundamental right to life.
• Power of Constitutional Courts: The Supreme Court has the power to order fresh investigations if the original probe is found to be compromised.
• Role of Forensic and Digital Evidence: Courts expect modern investigative techniques, including CCTV analysis and mobile location tracking, to be used effectively.

Conclusion

The Supreme Court’s decision in Neetu Kumar Nagaich vs. The State of Rajasthan is a significant ruling that underscores the judiciary’s commitment to ensuring justice in cases of mysterious deaths. By setting aside the closure report and ordering a fresh probe, the Court reaffirmed the importance of fair and unbiased investigations in homicide cases.

The judgment serves as a strong precedent in cases where police investigations appear incomplete or influenced, ensuring that justice is not denied to victims and their families.

Petitioner Name: Neetu Kumar Nagaich.
Respondent Name: The State of Rajasthan & Others.
Judgment By: Justice R.F. Nariman, Justice Navin Sinha, Justice Indira Banerjee.
Place Of Incident: Jodhpur, Rajasthan.
Judgment Date: 16-09-2020.

Don’t miss out on the full details! Download the complete judgment in PDF format below and gain valuable insights instantly!

Download Judgment: Neetu Kumar Nagaich vs The State of Rajasth Supreme Court of India Judgment Dated 16-09-2020.pdf

Direct Downlaod Judgment: Direct downlaod this Judgment

See all petitions in Murder Cases
See all petitions in Custodial Deaths and Police Misconduct
See all petitions in Public Interest Litigation
See all petitions in Legal Malpractice
See all petitions in Fundamental Rights
See all petitions in Judgment by Rohinton Fali Nariman
See all petitions in Judgment by Navin Sinha
See all petitions in Judgment by Indira Banerjee
See all petitions in allowed
See all petitions in Remanded
See all petitions in supreme court of India judgments September 2020
See all petitions in 2020 judgments

See all posts in Criminal Cases Category
See all allowed petitions in Criminal Cases Category
See all Dismissed petitions in Criminal Cases Category
See all partially allowed petitions in Criminal Cases Category