The Anatomy of Compromised Justice: Why High-Profile Investigations Face Systemic Hurdles
Disha Salia case reveals alleged botched probe by the Mumbai police (Image video grab)
By AMIT KUMAR
From Jessica Lall and Nithari to Aarushi-Hemraj and other controversial cases, investigative lapses expose deeper institutional weaknesses.
New Delhi, September 15, 2026 — In a democracy governed by the rule of law, criminal investigation should be an impartial search for truth, irrespective of a suspect’s political influence, wealth or social standing. Yet India’s post-Independence criminal justice record contains several high-profile cases in which investigative lapses, procedural delays and questions over evidence have raised concerns about whether powerful interests receive different treatment.
The recurring problems are familiar: contaminated crime scenes, delayed forensic examination, conflicting theories, hostile witnesses and prolonged trials. While each case has its own facts, together they raise a larger question about the institutional capacity of India’s criminal justice system to investigate powerful suspects without political or administrative pressure.
In sensitive cases, the first hours of an investigation can be decisive. Delayed crime-scene preservation, inadequate documentation, missing surveillance material or poorly recorded forensic evidence can weaken a prosecution before a case reaches court.
Another concern is narrative priming, when preliminary conclusions such as suicide, accident or personal dispute emerge before forensic findings are complete. Once such narratives enter public discourse, subsequent investigators can face pressure to fit evidence into an established theory.
The history of several prominent cases illustrates these vulnerabilities.
The Jessica Lall murder case exposed serious weaknesses in the initial prosecution, with numerous witnesses turning hostile before public pressure and subsequent judicial scrutiny altered the course of the case.
The BMW hit-and-run case involving Sanjeev Nanda similarly generated concerns over witness handling and the unequal ability of influential accused persons to navigate the criminal justice process.
The Aarushi-Hemraj double murder case became another example of how conflicting theories and questions surrounding the crime scene can leave a case unresolved in the public mind even after judicial proceedings. The parents were convicted at trial but later acquitted by the Allahabad High Court, which found the prosecution evidence insufficient.
The Nithari killings raised questions about police inaction following reports of missing children and serious investigative shortcomings. Later judicial proceedings underscored the difficulties created by inadequate evidence collection.
Other cases, including the Bhanwari Devi murder, Sheena Bora murder, Sunanda Pushkar death, Vyapam investigations, and the deaths of Sushant Singh Rajput and Disha Salian, have similarly generated intense public scrutiny over investigative procedures, jurisdiction and the handling of evidence.
These cases should not be treated as proof of a single conspiracy or a uniform pattern of political interference. But they demonstrate how institutional weaknesses can become especially consequential when the accused or circumstances attract political and public attention.
One central concern is executive influence over policing. Transfers, postings, promotions and disciplinary proceedings can affect the independence of investigating officers. The continuing overlap between law-and-order responsibilities and criminal investigation also places heavy demands on police personnel.
The Supreme Court’s Prakash Singh judgment of 2006 sought to address some of these concerns through measures including fixed tenure for key officers, State Security Commissions, Police Establishment Boards and greater separation between investigation and law-and-order functions.
Implementation, however, has remained uneven.
What Needs to Change
India needs stronger institutional safeguards rather than dependence on individual officers. Investigative wings should have greater operational independence and specialised forensic capacity. Evidence collection should be digitally documented, with transparent audit trails and stronger crime-scene protocols.
An independent and professionally structured prosecution system could further reduce executive influence over decisions relating to charges and trials.
Ultimately, public confidence depends not merely on convictions but on the credibility of the process that produces them. When high-profile investigations repeatedly require judicial intervention or extraordinary public pressure, institutional weaknesses become impossible to ignore.
The rule of law demands that investigative standards remain the same whether the person in the dock is politically connected, economically powerful or completely unknown.
(This is an opinion piece. Views expressed are the author’s own.)
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