The Hindu : National : Investigating agencies must enjoy immunity and independence, says Krishna Iyer

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Monday, Jan 26, 2009
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Investigating agencies must enjoy immunity and independence, says Krishna Iyer

Special Correspondent

KOCHI: The former Supreme Court judge, V.R. Krishna Iyer, has issued a revised statement on investigating agencies here on Sunday. The statement says:

“Administration of justice must be impartial and independent and never affected by affection or ill-will. So the judiciary must have the guarantee of independence from political parties or other economic or social forces. Investigation into crimes is integral to the search for truth which is the basis of justice. Therefore, investigating agencies must enjoy immunity and independence in their operations, like judges. Ministers or parties in power at the State or Central level shall not be allowed to influence in any manner the persons, method or progress of criminal investigation by the CBI or State police. However high or powerful the alleged accused be, the investigating agency should fearlessly proceed in collecting evidence. Public figures, if they commit corrupt crimes, must not enjoy special exemption. Guilt or innocence of the concerned person will be investigated relentlessly by the officer charged with the duty of discovery of truth. Criminal investigation should never be character assassination. This approach must apply in all cases irrespective of controversies in the media or political acrimony in which the criminal episode is steeped.

“I make this plain statement because an earlier statement of mine made yesterday [on Saturday] is apt to be misinterpreted as favouring a certain political individual. I did not mean it and no one wanted to influence me either. No guilty man shall escape; no innocent man shall be punished. Truth must win even if the investigation and trial take a long time. Delay is itself injustice. Of course, serious observations of courts are entitled to wait.”

Corrections and Clarifications

The last sentence in a statement "Investigating agencies must enjoy immunity and independence, says [V.R.] Krishna Iyer" (January 26, 2009) was "Of course, serious observations of courts are entitled to wait." It should have been "weight".

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