Special Investigation Team
Special
Investigation Team. I am not aware whether the term itself has been defined
somewhere.
Where the
facts are complicated and going through these would involve spending much
judicial time, SC may appoint a body of persons, to do this spadework and come
to them ,with details so culled out for further action in the matter.
On $th
July, 2011, the SC appointed a SIT, headed by former SC Judge to investigate
into black money, stashed in foreign banks, with a direction that in their
investigations the SIT would be independent, answerable only to the SC.
It is not
unusual for the SC to appoint amicus
curiae to help them in certain type of cases. A SIT appointed by
the Court acts in somewhat similar capacity.
This is
done in cases where it may be that the existing investigative agencies are not
perceived to be able to conduct a proper investigation in the matter. As there
is no law which specifies who can be appointed to an SIT, the appointments are
at the discretion of the government which has been directed to setup an SIT.
Any SIT
thus formed does not have the power or finality of the Court. The Court is free
to accept or reject any report made by them. In any report made by SIT, the
report will be first placed before the court of first instance and will undergo
scrutiny at all the stages of appeal. If report is rejected in the process, it
remains for the appellate court to decide what is to be the fate of the case.
SITs have been appointed in only a few high
profile cases, the most famous being the Gujarat riots case and the most recent
being the Madhyamgram gang rape case.
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