Excelsior Correspondent
JAMMU, Nov 26: In the much publicized Chopra family murder case, Principal Sessions Judge Jammu, R S Jain today took serious note of the investigation conducted by the then officers and issued various directions to SSP Jammu.
“The present case received a great deal of attention from the police authorities and the State Government that it even figured in the Cabinet meeting. So much so, Special Investigation Team (SIT) was constituted on different occasions to investigate the case”, the court said.
However, the SIT consisting of efficient police officers and under the supervision of superior officers failed to look into the important aspect of the case. No efforts have been made by the SIT constituted by the DGP and the State Government to see whether the blood found on the seat cover of the car matched with the blood group of any of the accused persons, the court observed.
“No DNA profile was done of the blood to trace its origin. Why it was not done, it would be for the police administration to go into the lapse and whether it was deliberate, unintentional or pure inefficiency of the investigating teams and their supervisory officers”, Principal Sessions Judge said and directed SSP Jammu to inquire into the lapse on part of the investigating teams and recommend action against the delinquent official(s) under law with information to the court.
He observed, “the question is whether the court shut its eye to the sordid investigation and forgo role of court in dispensation of justice and ensure that a just verdict is reached in a case and not play into the hands of the investigating agency and the prosecution; and whether the court give further directions for further investigation to ensure justice is done in the present case”.
While referring various judgments of the Supreme Court and High Court, Principal Sessions Judge said, “the law is well-settled that the criminal court cannot sit as a mute spectator and for ends of justice should leave no stone unturned and as the risk of saying so, the facts of the case and nature of investigation, the inference does arise that the investigation appears to be tainted and so direction is to be given for further investigation in the present case”.
“The only possible way to find out as to the blood stains found on the seat covers of the car are of which accused, if any, in the present case is through DNA profiling/fingerprinting”, the court said, adding “there is no less intrusive and practical way of collecting evidence tending to confirm or disprove the involvement of the accused in the crime other than by way of DNA profiling of the accused persons”.
The court directed Senior Superintendent of Police to appoint a seasoned police officer who was not previously connected with the investigation of the present case. “This is necessary because the investigation by the police must seem to have been conducted in a fair manner”, Principal Sessions Judge said and directed that the concerned police officer shall collect the blood samples of the accused persons through the agency and supervision of Chief Medical Officer, Jammu.
Principal Sessions Judge further directed that the report of DNA profiling shall be submitted to this court within a period of four weeks from the receipt of order by SSP, Jammu.
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