Supreme Court Orders Fresh Probes in Ram Temple and Karnataka Cases: Judicial Review in Action
Today the Supreme Court, in a 49‑page judgment delivered by Justices Sanjay Kumar and Sanjeev Sachdeva, held that a fair, transparent investigation is a component of the right to life and liberty guaranteed by Article 21. The ruling expands the scope of judicial review by allowing courts to scrutinise investigative procedures, not just trial fairness, reinforcing accountability of law‑enforcement agencies. The bench cited the Uttar Pradesh SIT report on the Ram Temple donation case, which documented 105 CCTV‑captured instances of unauthorized fund removal, underscoring the need for rigorous oversight.
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- •The Supreme Court, sitting in a bench headed by Chief Justice Surya Kant, has ordered a fresh investigation into the alleged misappropriation of Ram Temple donations and, separately, into the 2012 Dharmasthala rape‑murder.
- •Both orders invoke the Court’s power of judicial review to ensure that investigations are fair, transparent and compliant with constitutional guarantees.
The Supreme Court, sitting in a bench headed by Chief Justice Surya Kant, has ordered a fresh investigation into the alleged misappropriation of Ram Temple donations and, separately, into the 2012 Dharmasthala rape‑murder. Both orders invoke the Court’s power of judicial review to ensure that investigations are fair, transparent and compliant with constitutional guarantees.
Judicial Review: Constitutional Bedrock
India’s courts derive the authority to scrutinise legislative and executive action from the Constitution itself. Article 13(2) declares any law inconsistent with Part III void, while Articles 32 and 226 empower the Supreme Court and High Courts respectively to issue writs for enforcement of fundamental rights. The doctrine was cemented in the Kesavananda Bharati Case (1973), which introduced the basic‑structure doctrine, and later refined in Chandra Kumar v. Union of India (1997), holding that any statutory bar on High Court review violates the Constitution’s core.
- ▸Article 13(2) renders unconstitutional statutes void
- ▸Article 32 confers original jurisdiction of the Supreme Court for fundamental‑right enforcement
- ▸Article 226 extends supervisory jurisdiction to High Courts over administrative action
These provisions together form the legal scaffold that allows the apex court to intervene when investigative agencies stray from constitutional norms.
The Ram Temple Donation Probe: Court’s Intervention
The Uttar Pradesh Special Investigation Team (SIT) submitted a status report identifying 105 instances of unauthorised currency removal captured on CCTV. The report also mapped the role of each alleged participant. With the 90‑day statutory period for investigation set to expire on 25 September 2026, the accused would otherwise be entitled to default bail. Solicitor General Tushar Mehta told the bench the probe was “substantially concluded” and that a chargesheet would be filed before the jurisdictional Additional Sessions Judge by that date.
- ▸105 CCTV‑recorded unauthorised cash removals uncovered
- ▸90‑day investigation window ends 25 Sept 2026, triggering default bail rights
- ▸Chargesheet to be filed before the Additional Sessions Judge by 25 Sept 2026
By ordering the filing of the chargesheet in the apex court as well, the bench underscores that transparency and accountability are integral to the investigative process.
Did You Know? The Supreme Court’s power to direct a state‑level Special Investigation Team (SIT) stems from its inherent jurisdiction under Article 21 to ensure a fair trial, not from any specific statute.
Karnataka Rape Case: Re‑investigation Mandate
In a separate writ petition, the mother of the 2012 victim demanded a fresh probe after the lone accused, Santosh Rao, was acquitted by a CBI court in June 2023. Justice Sanjeev Sachdeva, authoring the judgment, declared that “a fair investigation is as much a part of a constitutional right guaranteed under Article 21 as a fair trial.” The Court ordered a new SIT, expressly tech‑savvy and efficient, to complete its inquiry within three months and submit a report to the concerned court.
- ▸Fresh SIT to submit report within three months of the order
- ▸Victim’s mother continued the fight after father’s death during pendency
- ▸Justice Sachdeva linked fair investigation to Article 21’s life‑and‑liberty guarantee
The directive reflects the Court’s willingness to step in when investigative agencies are perceived to be biased or ineffective, reinforcing the procedural dimension of substantive rights.
Implications for Investigative Agencies and the Rule of Law
Both orders invoke Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023, keeping the avenue for further inquiry open. The Karnataka bench specifically barred any officer from the earlier team from joining the new SIT, signalling a break from past practices that may have compromised impartiality. Moreover, the Supreme Court’s request that the state file a copy of the chargesheet in the apex court creates a parallel record, enhancing judicial oversight.
- ▸Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 remains available for further investigation
- ▸New Karnataka SIT to be headed by a senior police officer; no carry‑over from the previous team
- ▸State ordered to file the chargesheet copy in the Supreme Court for transparency
These measures collectively tighten the checks on law‑enforcement bodies, ensuring that investigations do not become a de‑facto substitute for trial and that the constitutional promise of justice is upheld.
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