VidhiSangh

Supreme Court of India · 16/03/2018

BIMAL GURUNG versus UNION OF INDIA & ORS.

[2018] 4 S.C.R. 843 · 2018 INSC 240

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Summary

The Supreme Court dismissed Bimal Gurung’s petition seeking wholesale transfer of GJM-related investigations to an independent agency and associated protective relief. Constitutional courts can transfer investigations even after charge-sheet or commencement of trial, but the exceptional, case-specific grounds were not established here. General allegations of State bias and political persecution did not justify mass transfer. The Court distinguished protected peaceful protest from violence and expressly left the truth of the individual criminal allegations undecided.

Issues

  1. Whether allegations of political bias justified transfer of all existing and future GJM-related investigations.
  2. Whether the number of cases, the accused’s status or filing of charge-sheets categorically barred transfer.
  3. How peaceful-protest protection related to the relief sought.

Held

Result

Writ petition dismissed; no transfer or associated protective relief granted. Individual criminal allegations left for lawful investigation and adjudication uninfluenced by these observations.

Judgment PDF: Supreme Court of India, [2018] 4 S.C.R. 843.