Additional Sessions Judge Naipal Singh said in his 13-page order: ``... no other conclusion can be drawn except that the police has not investigated the case honestly, fairly, fearlessly and favourlessly.''

On December 27, 1996, Kanshi Ram, Sageer Ahmad and Mohammed Rahis murdered Chander Shekhar on the alleged provocation of Santosh Kumar Gupta. They were charged under Sections 302 and 34 of the Indian Penal Code and Sections 25 and 27 of the Arms Act, 1959. On interrogation the three accused revealed that Gupta was not only present at the scene of the crime but also instigated them to commit the murder.

The prosecution also alleged that Gupta had earlier threatened Chander Shekhar's father, Satish Kumar, two to three days before the murder. Gupta wanted him to vacate his shop, and even offered to give him a sum of Rs 25,000 initially and Rs 80,000 subsequently.

This information was with the police on January 9, 1997, but Satish Kumar's statement was never recorded. The judge observed: ``... by not recording the statement of Satish Kumar Gupta on or after 9.1.97, the police has actively avoided the collection of evidence... for reasons best known to the IO... an inference can safely be drawn that the conduct of the IO was not fair and reasonable in the facts and circumstances of the case and in the absence of valid reasoning conduct of the IO comes under heavy clouds.''

In spite of this, Gupta's name was mentioned in column 2 of the chargesheet (pertaining to `names and addresses of accused persons not sent up for trial whether arrested or not arrested, including absconders').

In his order, the judge said: ``By such inaction the police has accorded undue favour to the person who was alleged to have actively participated in the alleged crime.''

The judge also said that there were other discrepancies in the recording of evidence. It was Kanshi Ram who stabbed Chander Shekhar, but the IO did not bother to find out his possible motive, nor did he record statements of witnesses at the earliest. The judge said: ``... the factum of threat allegedly administered by Santosh Kumar Gupta has been emphasised and stressed from the very beginning and the police during the entire investigation period has not taken care to pay heed to such allegations.''

While issuing the non-bailable warrant, the judge has directed that a copy of the order be sent to the Police Commissioner ``to look into the cloudy conduct of the IOs in the interest of safety and security to the person and property of the people at large against crime and criminals''.