IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 22034 of 2011(D) ---------------------------------------- PETITIONER(S): ------------------------ SMT.AYISU,AGED 70, W/O.KUNHU MOHAMMED,MANAMKARI, ERIYAD, KODUNGALLUR. BY ADV. SRI.T.M.CHANDRAN RESPONDENT(S): ---------------------------- 1. STATE OF KEARLA,REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR - 680 001. 3. THE SUB INSPECTOR OF POLICE, KODUNGALLUR,THRISSUR DISTRICT - 680 664. 4. SUPERINTENDENT OF POLICE, CRIME BRANCH CBCID,ERNAKULAM - 682 017. 5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION (SPE), ERNAKULAM - 682 017. 6. DIRECTOR GENERAL OF POLICE, THRIRUVANANTHAPURAM - 695 001. R1 TO R6 BY PUBLIC PROSECUTOR SRI.T.K.SAJEEV THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.22034/2011 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF POSTMORTEM CERTIFICATE DTD. 15/12/2006. P2: COPY OF PETITION DTD. NIL FILED BEFORE THE RESPONDENT NO.3. P2(A): ENGLISH TRANSLATION OF EXHIBIT P2. P3: COPY OF JUDGMENT DTD. 13/01/2011 PASSED BY THE HON.HIGH COURT OF KERALA IN WPC.NO.18735 OF 2010. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- O.P(C).No.22034 of 2011 --------------------------------------- Dated this 02nd day of September, 2011 JUDGMENT Petitioner, the mother aged about 69years has approached this Court with this writ petition concerned about the nature of investigation regarding the death of her son on 15.12.2006 following an alleged attack on him the previous day. Initially the case was investigated by the local Circle Inspector and now, as per order of this Court the investigation is being conducted by the Superintendent of Police, CBCID, HHW-II, Ernakulam. While disposing of W.P(C).No.18735 of 2010 as per judgment dated January 13, 2011 this Court had observed that a Special Investigation Team is investigating the case with all earnest efforts to bring out the mystery behind the death of the deceased. In this proceeding, it is complained that notwithstanding the directions contained in Ext.P3, judgment there is no much progress in the matter and hence it is necessary that the investigation is handed over to the CBI. Learned counsel for petitioner has submitted that in the statement filed by the present Investigating Officer what is stated is only regarding what transpired prior to this Court disposing of W.P(C).No.18735 W.P(C).No.22034 of 2011 -: 2 :- of 2010. Learned counsel asserted that there is no progress in the investigation of the case. 2. Learned Public Prosecutor has submitted that the investigation team is taking all efforts to unravel the mystery behind the death of the deceased. 3. I have gone through the statement filed by the Superintendent of Police, CBCID, HHW-II, Ernakulam. True, the earlier paragraphs of that statement relate to the initial investigation conducted in the matter. But, it also stated about the investigation conducted by the Special Team after Ext.P3, judgment of this Court. The officer who has given the statement has stated that he has collected information from the Constables who were on duty at the District Special Branch and State Special Branch at Kodungallur at the time of the occurrence, examined the material objects produced in the Court and the weapon allegedly involved in the incident and seized by the local Circle Inspector. The officer has stated what is revealed from the investigation conducted so far. It is stated that about 32 persons have been questioned and their statements are recorded. Some of the accused involved in crime Nos.146 of 1990 and 187 of 2005 are also being questioned. It is stated that investigation W.P(C).No.22034 of 2011 -: 3 :- conducted so far revealed that one Karim S/o. Punnilathu Khadar was seen near the place of occurrence in suspicious circumstance and enquiry revealed that he left the country when investigation of the case was taken over by the Crime Branch CID. His wife and family members were questioned and details regarding Karim was also collected. Efforts are being taken to bring the said Karim to India. It is stated that considerable progress has been achieved in the investigation of the case. The Sub Inspector of Police and the Assistant Inspector of Police, CBCID, HHW-II unit are camping at Kodungallur exclusively for investigation of the case, it is stated. According to the officer concerned, investigation is being conducted with all earnestness. 4. True, that petitioner has her own grievance about the death of her son and quite natural as well. But it may take its time to unravel the mystery particularly as it occurred about 5 years back. On going through the statement I find that the present Special Team is taking some steps in the matter of investigation. At this stage, a change of agency would only affect the on going investigation. On going through the statement, I do not find reason to change the investigating agency or entrust the matter to the CBI. The present investigation team is directed to W.P(C).No.22034 of 2011 -: 4 :- pursue the investigation with all sincerity and make all earnest efforts to unravel the cause of death and the culprit, if any having regard to the grievance of petitioner and complete the investigation as early as possible. With the above direction this original petition is closed. (THOMAS P JOSEPH, JUDGE) Sbna/-