Whether the investigation of the incident be handed over to an independent

agency.

It is most humbly submitted before the Hon’ble Court every individual has a right to fair
investigation.1 Whereas, in the present case an FIR has been instituted by the Dras’ police force
against the petitioner Lt. Col. Hoshiyar Singh and the JCO. But, in spite of clear laws on the
subject the police authorities for whatever reasons have still yet not taken into cognizance the
crimes committed by the civilian population of Dras.2

That the police action is unjustified.

It is humbly submitted before the Hon’ble Court that the police authority is always under
obligation to respond and take necessary means to prevent the commission of offence which is
either taking place or about to take place in close vicinity 3. However, in the present matter, no
action was taken by the local authorities in spite of knowing the high degree of probability of
occurrence of such incidents. However, police authority did not pay any heed towards the
gradual gathering of crowd and thus, unjustified the passive role of their organization in ensuring
and maintain the law and order. Hence, proving the arbitrariness of the police administration in
the related matter from the beginning itself. No Police action or any other administrative action
has been taken against the attackers, also reflects the arbitrariness of the state police and
administration in this matter.

That the independent agency is best suited for the investigation.

It is humbly submitted before the Hon’ble Court that few basic requisites for transferring an
investigation to CBI were sensibility of victim or their next kin, sensitivity of issues like loss of
human life, shabby or partisan investigation etc, or when investigation by state police does not
inspire confidence. 4 In any case discovery of truth is the ultimate purpose and it can be done best

1
Nirmal Singh Kahlon v. State of Punjab and Ors. (2009) 1 SCC 441.
2
Moot Proposition Pg. 6.
3
4
Mithilesh Kumar Singh v. State of Rajasthan (2015) 9 SCC 795.
by an independent investigation agency.5 As it is a matter of national security and related to
country’s armed forces, the sensitivity of the matter is more than any ordinary offense.

Credibility of the police investigation in this case

This Court held that however faithfully the police may carry out the investigation the same will
lack credibility since the doubts and allegations against the police force have been raised6 and
hence, the report will not inspire confidence. The investigation may also be transferred to
independent agencies if there is involvement of several influential persons holding high positions
of power and influence or political cloud. 7 Likewise, in the present case investigation vulnerable
to political and other such negative influences.

5
Id.
6
R.S. Sodhi v. State of Uttar Pradesh 1994 Supp 1 SCC 143.
7
Subrata Chattoraj v. Union of India 2014 8 SCC 768.