IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 33533 of 2007(P) -------------------------- PETITIONER(S): --------------- MR.BASUDEV MANDAL,QUARTER NO.TYPE II/9 OPP.ELECTIRICITY OFFICE RANGAT P.O. M.ANDAMAN-744 205 ANDAMAN & NICOBAR ISLANDS. BY ADV. SRI.DENU JOSEPH SRI.SAJI MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY. 2. DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OOF KERALA REPRESENTED BY HOME SECRETARY, SECRETARIAT, TRIVANDRUM. 3. DIRECTOR GENERAL OF POLICE STATE OF KERALA TRIVANDRUM. 4. ADDITIONAL DIRECTOR GENERAL OF POLICE C.B. & C.I.D. HEAD QUARTERS, EANJAKKAL, TRIVANDRUM 695 008, NEW DELHI-110 001. 5. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, NEW DELHI. BY GOVERNMENT PLEADER SRI. S.U. NAZAR. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R.5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON 10/12/2008 DELIVERED THE FOLLOWING: WP(C).No. 33533 of 2007(P) PETITIONER'S EXHIBITS: EXT.P1 – TRUE COPY OF THE DEATH CERTIFICATE OF SHYAMAL MANDAL DATED 27/10/05 ISSUED BY THE REGISTRAR, BIRTH AND DEATH, CORPORATION OF TRIVANDRUM WITH TYPED COPY. EXT.P2 – TRUE COPY OF THE REPRESENTATION DATED 18/2/2006 ISSUED BY PETITIONER'S WIFE TO THE CHIEF MINISTER OF KERALA. EXT.P3 – TRUE COPY OF THYE LETTER NO.12270/M3/2006/HOME DATED 24/2/2006 ISSUED BY THE GOVERNMENT HOME DEPARTMENT TO THE 3RD RESPONDENT. EXT.P4 – TRUE COPY OF THE REPRESENTATION DATED 4/4/2006 ISSUED BY THE WIFE OF THE PETITIONER TO THE 4TH RESPONDENT. EXT.P4(A) TRUE COPY OF THE REPRESENTATION DATED 20/4/06 ISSUED BY THE WIFE OF THE PETITIONER. EXT.P5 – TRUE COPY OF THE REPRESENTATION DATED 12/6/06 ISSUED BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA. EXT.P6 – TRUE COPY OF THE REPRESENTATION DATED 4/10/06 ISSUED BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P7 – THE TRUE COPY OF THE REPRESENTATION DT. 7/4/07 ISSUED BY THE PETITIONER TO THE CHIEF MINISTER OF KERALA. EXT.P8 – TRUE COPY OF THE REPRESENTATION DATED 19/7/07 ISSUED BY THE PETITIONER TO THE LEADER OF OPPOSITION. EXT.P9 & P9(A) – TRUE COPY OF THE LETTERS DATED 4/8/07 RESPECTIVELY ISSUED BY THE LEADER OF OPPOSITION TO THE CHIEF MINISTER OF KERALA. EXT.P10 – TRUE COPY OF THE LETTER DATED 10/8/07 ISSUED BY THE CHIEF MINISTER TO THE LEAFDER OF OPPOSITION. EXT.P11 – TRUE COPY OF THE REPRESENTATION DATED 25/9/07 ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT. //TRUE COPY// P.S. TO JUDGE R. BASANT, J. ------------------------------------------------- W.P.(c)No. 33533 of 2007-P ------------------------------------------------- Dated this the 10th day of December, 2008 JUDGMENT The petitioner is the father of the deceased in Crime No.667/05 registered initially at the Medical College Police Station, Trivandrum, under the caption “man missing” (re- numbered later as Crime No.738/05 of the Fort Police Station). Investigation into that crime has subsequently been taken over by the Special Investigation Group-I, CB CID, Trivandrum, and that unit is now conducting the investigation. The crime has been re-numbered as Crime No.128/CR/Tvpm/06. 2. To give broad outline of the case, one Shyamal Mandal, a student of the Trivandrum Engineering College - the son of the petitioner, was residing in the College hostel. His parents were settled at Andaman Islands. On 13/10/05 he informed his friend one Digambar that one Alok Biswas was W.P.(c)No. 33533 of 2007-P -: 2 :- coming from Andaman Islands and he had to go to meet him. Shyamal Mandal did not remember this Alok Biswas who claimed to be an old classmate of his at school. Digambar allegedly accompanied Shyamal Mandal when he was proceeding to see Alok Biswas. But it appears that the deceased Shyamal Mandal got a telephone call in his mobile phone from the said Alok Biswas asking him to come alone and not take any other person when he went to meet the said Alok Biswas. Thus, Shyamal Mandal went alone to meet Alok Biswas at some place in Trivandrum. He was not seen alive thereafter. 3. A complaint under the caption “man missing” was lodged by his friend Digambar and the crime under the caption “man missing” was registered at the Medical College Police Station as Crime No.667/05. Investigation commenced. On 23/10/05 the dead body of the said Shyamal Mandal was found at Thiruvallam. Investigation continued. Three accused persons have now been arrayed. It is now believed that the 1st accused – a person by name Deepak, is the one who impersonated as Alok Biswas and came to Trivandrum to meet the deceased. There are indications to show that the 2nd W.P.(c)No. 33533 of 2007-P -: 3 :- accused had contacted the deceased Shyamal Mandal over the telephone before the said Alok Biswas came to Trivandrum to meet the deceased. It is also identified now that the 3rd accused had sold the mobile phone which the deceased Shyamal Mandal had with him at the time of his death. Thus, accused 1 to 3 have been brought on the array of accused. Accused 2 and 3 have already been arrested. They have now been granted bail by default subject to conditions. Attempts to trace the 1st accused has not borne fruits so far. 4. The unfortunate father of the deceased – the petitioner herein – a retired school teacher, has come to this Court with a prayer that investigation may now be handed over to more competent and efficient hands which have the infrastructure to conduct a full, complete, satisfactory and efficient investigation into the crime. The petitioner complains, and already information to that effect has been conveyed to the present Investigators, that he had received telephone calls calling upon him to hand over the amounts as ransom to secure the release of his son after 13/10/05. Accused No.3 is stationed at Madras. Accused No.2 is stationed at Andaman Island. The petitioner is W.P.(c)No. 33533 of 2007-P -: 4 :- also a resident of Andaman Island. The 1st accused – one Deepak by name, is stated to be a person from Nepal who has connections in Andaman Island. It is submitted that the 1st accused has connections and roots in other places in this country including Delhi. According to the Investigators, the attempt to crack the crime requires the arrest of the 1st accused. He has not been arrested so far. All attempts made so far have not borne fruits. 5. The petitioner has a further grievance that though an account number had been furnished to him into which account he was called upon to pay the ransom, no serious efforts have been made by the Investigators to identify the said account and the details of that account holder and his connections, if any, with the criminals. As such, the petitioner has a grievance that no effective investigation is now being undertaken. He prays that the investigation may be entrusted to the CBI which has better infrastructure and personnel to conduct a proper and efficient investigation and to resolve the crime. 6. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor only submits that everything possible W.P.(c)No. 33533 of 2007-P -: 5 :- is being done by the present Investigators. He does not dispute the fact that the CBI may be having better infrastructure and personnel to conduct a proper investigation and resolve the crime. Appropriate orders may be passed by this Court, submits the learned Public Prosecutor. 7. I have considered all the relevant circumstances. I do not want to cast aspersions on the nature and quality of the investigation conducted in this case though it cannot be vouched that the investigation is sufficient. Suffice it to say that I am satisfied that the investigation deserves to be entrusted to expert hands which have the infrastructure to conduct such an investigation which must be spread over Trivandrum, Madras, Andaman Islans, Delhi and Nepal. The present Investigators, I agree with the learned counsel for the petitioner, do not appear to be in possession of infrastructure and personnel equal to the challenge before them. 8. In these circumstances, I am satisfied that the prayer of the petitioner can be accepted and a direction can be issued to respondent No.5 to take over the investigation in this case and continue the investigation. W.P.(c)No. 33533 of 2007-P -: 6 :- 9. In the result: (a) This writ petition is allowed. (b) The investigation into crime in the instant case registered initially as Crime No.667/05 of the Medical College Police Station and which is now being investigated by the Special Investigation Group-I, CB CID, Trivandrum, as Crime No.128/CR/Tvpm/06 shall hereafter be investigated by the 5th respondent. (c) Respondents 1 to 4 shall afford to the 5th respondent all support and assistance for the proper conduct of the investigation. (d) Periodical reports shall be filed by the 5th respondent before this Court to apprise this Court of the progress of the investigation. Such report shall be filed bi-monthly and the first of such report shall be filed before this Court on or before 28/2/2009. Call on that day. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge W.P.(c)No. 33533 of 2007-P -: 7 :-