The purpose of this article is only for education and debate. It has nothing to do with actual arguments in any case or courts. And this is my personal view. Other views are also possible.
Everyday, this scene gets repeated in many courts. Investigations are not complete and important documents are missing. There are so many big loopholes in investigations.
Then accused side argue that since investigation is incomplete, perfunctory, they may be acquitted.
This argument is usually rejected by courts. Accused cannot get benefit of defects in prosecution.
Similar is the case of Missing Files in cases where Govt Actions are challenged as arbitrary.
Initially, burden is on petitioner or PIL maker to show that there is/was arbitrariness in act of government and Art.14 is violated.
Thereafter, it is burden on Government to justify to court that the Act was in accordance with some rules and procedure and there was no arbitrariness.
So when point of "Missing Files" comes up, the Govt cannot take any benefit from.
The burden is still on it to prove that act complained was not arbitrary.
It will be educative to see how the arguments move in this case and to see what ultimately court holds.
Haresh Raichura
11/7/13