What are the constitutional and ethical considerations for judicial intervention during ongoing criminal investigations in India?

Judicial intervention during ongoing criminal investigations in India is a sensitive issue, as it involves balancing the autonomy of investigative agencies with the need for judicial oversight to ensure justice and protect individual rights. The Constitution and various ethical principles guide when and how courts can interfere in such matters.

Constitutional Considerations:
• Separation of Powers: The Constitution establishes a separation between the executive (which investigates) and the judiciary (which adjudicates). Courts must respect this division and avoid overstepping into the investigative domain except in exceptional circumstances.
• Article 21 – Right to Fair Investigation: The right to life and personal liberty includes the right to a fair investigation. Courts may intervene if the investigation is biased, delayed, or violates fundamental rights.
• Article 32 & 226 – Writ Jurisdiction: The Supreme Court and High Courts have the power to issue writs to protect fundamental rights, including ordering or monitoring investigations in cases of gross injustice or abuse of process.
• Due Process: Any intervention must follow the procedure established by law, ensuring that both the accused and victims get a fair hearing.

Ethical Considerations:
• Presumption of Innocence: Judicial intervention should not prejudice the investigation or affect the rights of the accused.
• Impartiality: Courts must ensure their actions do not appear to favour any party or undermine the credibility of investigative agencies without strong reasons.
• Accountability vs. Autonomy: While investigative agencies must be free from undue interference, judicial oversight is necessary to prevent misuse of power, harassment, or violation of rights.
• Public Confidence: Both excessive interference and complete non-interference can erode public trust in the justice system. Courts must act only when necessary to uphold justice and accountability.

Key Judicial Principles:
• Courts usually do not interfere at the stage of investigation unless there is clear evidence of mala fide (bad faith), abuse of power, or violation of fundamental rights.
• Interference is justified in cases of:
  • Unlawful detention or custodial torture
  • Biased or partisan investigation
  • Deliberate delay or suppression of evidence
• Courts may order transfer of investigation to independent agencies (like CBI) in rare and exceptional cases.