Pertinently, the Court said that it is unfortunate that investigating agencies have to work under governments and there is a need to ensure that they become totally independent and not a tool in the hands of the ruling dispensation.
“The police machinery or any other investigating agency is not expected to act as a tool in the hands of Government, but is expected to work without fear and favour, while discharging its function of investigation. It is unfortunate that the investigating agencies have to function under governments. There is the need for the State, to ensure that the investigating agency becomes totally independent, so as to reach the goal of justice, enshrined in the Constitution of India,“ Judge Baghele said.
The Court also emphasized how the State machinery is expected to uphold personal liberty of an individual by following a fair and reasonable procedure.
Through the 11-page order, the judge also emphasized on the independence of the agency, and how it is supposed to work fearlessly.
Source: Barandbench
