PSJ has judicial powers to pass appropriate orders if probe

The Madras High Court bench has ruled that a Principal Sessions Judge has judicial powers to pass appropriate orders if investigation into a case relating to an 'encounter' was not impartial and there was abuse of power or the probe was not independent.
Justices S Nagamuthu and V S Ravi, while hearing a petition by one Esakkiammal, who moved the Principal Sessions Court of Tirunelveli, to transfer the case relating to the 'encounter death' of one Kittu to some other investigation agency, said the Sessions Judge could cautiously go into the merits of the complaint and address grievances raised by her.

The Supreme Court in its order in the PUCL Vs State of Maharashtra (similar case) had dealt with judicial powers of the Judge only and not administrative action of the Sessions Judge, it said.
The Judges also said if the direction under judicial power was disobeyed, then appropriate action could be taken by the Sessions Judge. They said the apex court had created a monitoring mechanism in addition to safeguards while investigating encounter deaths.
The bench said that in this case the petitioner had sought a probe by a different agency. So, the Judge should appreciate or sift the evidence or formulation of any decision which exposed any person to any punishment or penalty or detention.

Before arriving at a prima facie conclusion on merits of the complaint by the petitioner, the SJ may call for the case diary from police and connected records, hear the aggrieved and the investigating officer by holding a summary inquiry.

If he found that procedure had not been followed, the Sessions Judge could issue a direction. Such a power could not be treated as administrative power. However, the SJ should be cautious and exercise his power to ensure that safeguards evolved by the apex court were adhered to strictly, it said.
The petitioner's complaint in this case should be treated as a petition or representation. On receiving it, the Sessions Judge, without taking congnizance of any offence, should issue appropriate judicial direction to redress the grievance.

The bench said the Sessions Judge had powers to issue a direction to police and transfer the probe to any competent officer who should be in a higher rank.
The judges appreciated Sessions Judge M Nazir Ahamed for having made the reference to the HC, highlighting doubts on the legal questions.