How can the judiciary ensure impartial investigations in cases involving allegations of police coercion?

Allegations of police coercion can undermine public trust in the justice system. The judiciary plays a crucial role in ensuring that investigations in such cases are fair, unbiased, and transparent. Several mechanisms are available to the judiciary to maintain impartiality, but challenges also exist.

• Transfer of Investigation to Independent Agencies: Courts can order investigations to be handed over to independent agencies like the Central Bureau of Investigation (CBI) or Special Investigation Teams (SITs), especially when local police are accused of bias or wrongdoing.
• Judicial Monitoring: The judiciary may monitor the progress of investigations by seeking regular status reports, holding periodic hearings, and giving directions to ensure thoroughness and objectivity.
• Appointment of Court Commissioners: In sensitive cases, courts can appoint independent commissioners or retired judges to oversee or assist in the investigation process.
• Protection of Witnesses and Victims: To prevent intimidation or coercion, courts can order witness protection measures, such as concealing identities or relocating witnesses.
• Directions for Forensic and Scientific Evidence: The judiciary can direct the use of forensic and scientific methods to gather impartial evidence, reducing reliance on potentially tainted testimonies.
• Strict Scrutiny of Police Conduct: Courts can scrutinize the conduct of police officers involved, and order disciplinary action or suspension if misconduct is evident.
• Media and Public Access: Allowing media coverage and public access to certain proceedings can increase transparency and deter coercion or manipulation.

Challenges in Maintaining Impartiality:

• Institutional Bias: Even independent agencies may have systemic biases or external influences.
• Resource Constraints: Agencies like CBI may be overburdened, affecting the quality and speed of investigations.
• Witness Intimidation: Ensuring the safety and willingness of witnesses to testify remains a persistent challenge.
• Delay in Justice: Judicial monitoring and agency transfers can sometimes prolong investigations and trials.
• Political Pressure: High-profile cases may attract political interference, affecting impartiality.