SC Judge: Cooperation in investigation demands concrete evidence, not just verbal claims

During an intriguing courtroom exchange today, Justice SK Kaul of the Supreme Court made an oral observation that cooperation with the investigation shouldn’t be reduced to a mere “yes” from the accused. He emphasized that the police couldn’t simply allege lack of cooperation without substantiating their claims with concrete evidence.

The issue of the accused’s alleged non-cooperation with the investigation was raised before Justices SK Kaul and Sudhanshu Dhulia. The judges challenged the counsel to provide tangible evidence for the claim, highlighting the police’s tendency to make such assertions without proper backing.

Justice Kaul stressed that merely stating the accused is not cooperating is insufficient; the police must show exactly how cooperation is lacking. As the counsel asked for time to gather instructions, the bench granted the request.

The judge said, “In all the cases police is giving a standard response that the accused isn’t cooperating. You have to show how he is not cooperating.”

Source: Live Law

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