illegal and without jurisdiction. The State of West Bengal appealed to the Supreme Court against the decision of the High Court. B. Observations by the Supreme Court The police do not have unfettered discretion to start an investigation. Unlimited discretion, the Supreme Court said is a ruthless destroyer of personal freedom. An investigation cannot be started on mere unfounded suspicion. They emphasised that fundamental principles of justice are based on the logic that the process of investigation cannot be used to harass people against whom no offence is disclosed. Carrying out investigation without a proper basis imperils the personal liberty and property of the individual, which are sacred and sacrosanct. The right of the police to conduct an inquiry must be conditioned by the existence of reason to suspect the commission of a cognizable offence. Such reason can be established only if facts in the FIR point towards an offence being committed. The Supreme Court laid down that an FIR which does not allege or disclose that the essential requirements of the penal provision are prima facie [on the face of it] satisfied cannot form the foundation or constitute the starting point of a lawful investigation. This case also re-examined the question of when the courts can interfere in the investigation process. The Supreme Court said that if after considering all relevant aspects, the courts are satisfied that an offence has been committed; they will allow the Investigation to proceed without interference. However, if no offence is disclosed, courts re under a duty to interfere and stop the investigation to prevent any kind of uncalled or and unnecessary harassment to an individual. C. Directions by the Supreme Court 1. 2. 3. 66 It is essential before starting an investigation that facts mentioned in the FIR disclose all the elements that go to make up a cognizable offence. Powers of investigation must be exercised in strict accordance with Constitutional Guarantees and legal provisions. Courts have a duty to intervene in the investigation process to prevent harassment of individuals if their rights are being violated and correct procedure is not being followed. Manual on Human Rights for Police Officers