IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 23627 of 2007(K) CRIME NO.401/2000 MANNARKKAD POLICE STATION, MANNARKKAD PETITIONER(S): ------------------- P.K. ABDUL LATHEEF, S/O. MUHAMMED, POLLAKUNNAN HOUSE, MANNARKKAD, PALAKKAD DISTRICT. BY ADV.MR.BABU S. NAIR RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, SHORNUR, PALAKKAD DISTRICT. 4. THE CIRCLE INSPECTOR OF POLICE, MANNARKKAD POLICE STATION, MANNARKKAD, PALAKKAD DISTRICT. 5. THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF INVESTIGATION, KATHRIKADAVU, COCHIN. R1-R4 BY GOVERNMENT PLEADER MR. K.S. SIVAKUMAR R5 BY MR.S.SREEKUMAR, SC FOR CBI MR.M.V.S.NAMBOOTHIRY,SC, C.B.I THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23627 of 2007(K) APPENDIX PETITIONER'S EXHIBITS: 1. EXHIBIT P1 : COPY OF THE REPRESENTATION MADE BY THE WIFE OF THE PETITIONER TO THE CHIEF MINISTER OF KERALA DATED 10/4/2001. 2. EXHIBIT P2 : COPY OF THE REPRESENTATION MADE BY THE WIFE OF THE PETITIONER DATED 5/4/2002 TO THE CHIEF MINISTER OF KERALA 3. EXHIBIT P3 : COPY OF THE JUDGMENT DATED 7/12/2005 IN O.P.NO.13749/2001 OF THIS HON'BLE COURT. 4. EXHIBIT P4 : COPY OF THE ORDER IN B.A.3741/2007 DATED 28/06/2007 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS : NIL /// TRUE COPY/// PA TO JUDGE nl M.SASIDHARAN NAMBIAR, J. ================== W.P.(C). No.23627 of 2007 ================== Dated this the 18th day of November, 2009. J U D G M E N T 1. Accused No.15 in Crime No.401/2000 of Mannarkkad Police Station filed this petition under Article 226 of Constitution of India for a writ of mandamus commanding respondents 1 and 2 to entrust the investigation of Crime No.401/2000 to Central Bureau of Investigation(CBI). The wife of the petitioner, had earlier filed O.P.No.13749 of 2001 for an identical relief which was disposed of by Ext.P3 Judgment dated 7/12/2005 based on the submission of the Government Pleader that final report has been filed. This petition is filed thereafter. 2. A statement is filed by the investigating officer disclosing active involvement of the petitioner. That report was filed on 15/09/2007. Though an interim order was passed not to file the final report, it was not extended after W.P.(C).No.23627 of 2007 -2- 18/9/2007. Still final report not filed. 3. On hearing the learned counsel for the petitioner and the learned counsel for the respondent and the Government Pleader, I find no reason to entrust the investigation to Central Bureau of Investigation. Though it was vehemently argued that name of the petitioner was not disclosed in the confession statement of the main accused and petitioners name was included later because of political interference at a very belated stage, I am not convinced to hand over the investigation of the case to Central Bureau of Investigation on that basis. The investigating officer is directed to submit final report without further delay, at any rate within 30 days. Petitioner is at liberty to rise all contentions before the Trial Court. M.SASIDHARAN NAMBIAR JUDGE nl