Supreme Court of India · 2012-05-01
GENERAL OFFICER COMMANDING vs CBI
- Citation / case number
- SC 2007/26398
- Court
- Supreme Court of India
- Petitioner
- GENERAL OFFICER COMMANDING
- Respondent
- CBI
- Author
- B.S. CHAUHAN
- Bench
- SWATANTER KUMAR B.S. CHAUHAN
Judgment text excerpt
The Supreme Court upheld the High Court's decision rejecting the appellant's application to dismiss the chargesheet filed by the CBI regarding the killing of five individuals by the 7 Rashtriya Rifles, which was claimed to be a counter-terrorism operation. The Court emphasized that the investigation under Section 161 of the Code of Criminal Procedure (J&K) is valid and necessary to ascertain the truth behind the encounter. The Court held that the chargesheet must be examined in light of the evidence presented, thereby affirming the lower court's orders.