The Nature of Judicial Power: Hon’ble Justice R. Banumathi

Posted on by Rudrajyoti Nath Ray

King-Emperor v. Khwaja Nazir Ahmad, AIR 1945 PC 18 has been quoted with approval, several times. The functions of Judiciary and Police are ‘complementary’ and not ‘overlapping’. They must be left to exercise their own function, subject to exceptions. Investigation into crimes is the prerogative of Police and excepting in ‘rare cases’, Judiciary must keep out. It is not the function of Court to ‘monitor the investigation process’, ‘interfere in each and every stage of interrogation’ so long as the investigation ‘does not violate any provision of law’.

– Hon’ble Justice R. Banumathi, P. Chidambaram v. Directorate of Enforcement, [Criminal Appeal No. 1340 of 2019].

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Also see, M/s. Neeharika Infrastructure Pvt. Ltd. v. State of Maharashtra, [Criminal Appeal No. 330 of 2021] decided on 13.04.2021.

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