IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 WP(C).No. 15989 of 2009(Q) --------------------------------------- PETITIONER: ------------------- SMT.AYISU, AGED 68, W/O.KUNHU MOHAMMED, MANAMKARI, ERIYAD, KODUNGALLUR. BY ADVS. MR.T.M.CHANDRAN, MR.S.SUJITH, MR.V.A.SASIDHARAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT SUPERINTENDENT OF POLICE, THRISSUR. 3. THE CIRCLE INSPECTOR OF POLICE, KODUNGALLUR, THRISSUR DISTRICT. 4. THE SUB INSPECTOR OF POLICE, KODUNGALLUR, THRISSUR DISTRICT. 5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION(SPE), ERNAKULAM. 6. THE SUPERINTENDENT OF POLICE, C.B.C.I.D., (CRIME DETATCHMENT), ERNAKULAM. R1 TO R4 & R6 GOVERNMENT PLEADER MR.K.J. MOHAMMED ANZAR, R5 BY MR. M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ W.P.C.NO. 15989 OF 2009 ------------------------------------------ Dated 6th November 2009 JUDGMENT Abdu, son of the petitioner was brutally murdered on 14/12/2006 at about 8.15 p.m while he was riding a motor cycle along K.V.H.S-Kunjayini public road on the western side of K.V.H.S, Eriyad. He sustained grievous hurt and breathed his last from Aswini Hospital, Thrisur at 2.55 a.m, early morning of 15/12/2006. Crime No.865/2006 was registered for the offence under Section 307 of Indian Penal Code. This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 2 to 4 to hand over the investigation of crime No.865/2006 to the fifth respondent, Central Bureau of Investigation contending that no effective or proper investigation is being conducted and in spite of Ext.P5 representation to the Home Secretary for a proper investigation, no action is taken. 2. Deputy Superintendent of Police, Irinjalakuda has been investigating the case and filed Wpc 15989/09 2 a statement dated 7/10/2009. 3. The statement discloses that there was no proper or effective investigation so far. Statement discloses that originally Sub Inspector investigated the case and then Circle Inspector of police took over the investigation. Later in 2007 investigation was entrusted to Deputy Superintendent of Police who took over the investigation on 25/9/2008. The present investigating officer took over the investigation on 6/6/2009. The investigating officer unambiguously stated that so far nothing could be detected to fix the identity of the culprits of the deceased, though it is stated that several cases were pending for and against the deceased, including attack against him. The relevant portion of the statement reads. “So a detailed investigation is to be further conducted as to the nature and style of living of the parties involved in the above mentioned cases and as to the power of attorney executed in favour of the deceased Abdu by his friend and also as to the respondents mentioned in the petition filed by the mother of the deceased in this connection before the Human Wpc 15989/09 3 Rights Protection Forums. Also it is known that there were many enemies to the deceased Abdu. Hence all those people are to be further interrogated and a detailed investigation is to be further conducted.” 4. In such circumstances, it is absolutely clear that if the present investigation is allowed tocontinue, there is no chance for finding out the real culprits. In such circumstances, it is necessary to entrust the investigation to some other agency. 5. Though learned counsel appearing for the petitioner vehemently argued that investigation is to be entrusted to Central Bureau of Investigation, I do not find that every murder case is to be investigated by the Central Bureau of Investigation. Facts and circumstances of the case does not warrant an investigation by the Central Bureau of Investigation. Interest of justice will be met, if the investigation is entrusted to the Crime Branch with a direction that it should be investigated by an officer not below the rank of Deputy Superintendent of police. Petition is allowed. Director General of Police is directed to entrust the investigation of Crime Wpc 15989/09 4 No.865/2006 of Kodungallur police station to Crime Branch (CBCID) with a direction that it should be investigated by an officer not below the rank of Deputy Superintendent of Police. It is made clear that investigation must be through and expeditious with a purpose to find out the real culprits. M.SASIDHARAN NAMBIAR, JUDGE. uj.