IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 WP(C).No. 24963 of 2006(V) -------------------------- PETITIONER(S): --------------- GOPALAKRISHNAN NAIR, AGED 49, S/O.DAMODARAN PILLA, KUTTIPARAMBU VEEDU, KIRATHOOR, KOLLEMCODE, KANYAKUMARI DISTRICT, TAMIL NADU. BY ADV. SRI.R.T.PRADEEP RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACADU, THIRUVANANTHAPURAM. 3. THE CITY COMMISSIONER OF POLICE, OFFICE OF CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM. 4. THE SUB-INSPECTOR OF POLICE, VALIYATHURA POLICE STATION. 5. THE SUPERINTENDENT, C.B.C.I.D., THIRUVANANTHAPURAM. 6. THE SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION. 7. SANTHOSH KUMAR, (HAVILDAR, SEVEN ARTILLERY BEGARD, C/O.APO 56), THOTTATHU VILAKATHU VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM. 8. RADHAKRISHNAN NAIR, THOTTATHU VILAKATHU VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM. 9. VASANTHA KUMARI, THOTTATHU VILAKATHU VEEDU, EDACODE, NEMOM P.O., THIRUVANANTHAPURAM. ADDL. RESPONDENTS: 10. THE PRINCIPAL SECRETARY, DEPARTMENT OF DEFENCE, GOVT. OF INDIA, NEW DELHI. 11. DIRECTOR GENERAL OF POLICE, OFFICE OF DIRECTOR GENERAL OF POLICE, STATE OF PUNJAB, CHANDIGARH. (ADDL. RESPONDENTS 10&11 ARE IMPLEADED AS PER ORDER DT.15.2.2007 IN I.A. NO.1317/2007.) G.P. SMT.SMITHA SUKUMARAN FOR R1TOR4 SRI.V.B.PREMACHANDRAN, CGC FOR R10 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF INVITATION LETTER DT.17.4.2003 OF THE PETITIONER'S DAUGHTER'S MARRIAGE. P2: TRUE OCPY OF MARRIAGE REGISTRATION CERTIFICATE OF THE PETITIONER'S DAUGHTER'S MARRIAGE DT.5.5.2003. P3: TRUE COPY OF FIR DT.27.7.2006 OF VALIYATHURA POLICE STATION IN CRIME NO.212/2006 OF VALIYATHURA POLICE STATION. P4: TRUE COPY OF POSTMORTEM CERTIFICATE DT.28.7.2006. RESPONDENT'S EXHIBITS: ANNEXURE-1: TRUE COPY OF COMMENTS ON THE COMPLAINT OF THE PETITIONER. TRUE COPY PA TO JUDGE C.N.RAMACHANDRAN NAIR, J. .................................................................... W.P.(C) No.24963 of 2006 .................................................................... Dated this the 19th day of December, 2008. JUDGMENT The W.P. is filed for a direction to the 6th respondent to take up and conduct investigation of the case pertaining to death of petitioner's daughter. According to the petitioner, petitioner's daughter was married to the 7th respondent who was a Havildar in the Army. The petitioner has stated that ever since the marriage, there were heavy demands of dowry and other benefits from respondents 7 to 9 and he has met some of the demands. He has in fact stated that he had taken and retained even a telephone connection in his own name in the house of the 7th respondent. The marriage between petitioner's daughter and 7th respondent was in April 2003. The 7th respondent took his wife namely, petitioner's daughter to Chandigarh in June 2006 and nearly after one month of her stay in Chandigarh, she died in the house of the 7th respondent on account of 90% burn injuries. Petitioner's case is that at around 9 p.m. he got a telephone call of his daughter from the phone of the 7th respondent in distress and shortly the phone was cut and within another half an hour, he got the message from 7th respondent that petitioner's daughter is dead of serious 2 burns. According to the petitioner, even though 7th respondent insisted on burying the dead body of petitioner's daughter in Chandigarh, at his instance the body was brought to Kerala and Post-mortem was done again. In fact, Crime was also registered by the Kerala Police. However, Government Pleader has reported that investigation does not progress for want of response from the Police at Chandigarh where the incident occurred. 2. The petitioner's case is that even though the version given by the 7th respondent initially was cylinder gas explosion, he later changed it to "fire from kerosene stove". In any case the accident occurred at 9' O Clock in the night when the 7th respondent was also present in the house. The 7th respondent has no case that the petitioner's daughter committed suicide. Therefore, 90% burn sustained by the deceased is a matter which requires investigation. Further, Police had already registered Crime which requires to be investigated. Going by the version of the Kerala Police itself, it is clear that they are not able to complete the enquiry and therefore, they have transferred the case to the Chandigarh Police who have not shown any interest in the matter so far. 3. Pursuant to direction issued by this court, counsel for CBI 3 submitted that CBI made some preliminary enquiry and the Army officers informed them that the Nurses in the Hospital where the deceased was taken, gave statement conforming to the accident. However, it is difficult to believe that a person who has sustained 90% burn injuries would have given cogent evidence in the Hospital. In any case the Army Nurses cannot be expected to give evidence against an Army person that too, in an enquiry by Army Officers. Since the Crime is registered, I feel it should end up in a proper investigation and Police is bound to file final report in court. Since the incident occurred in the house of an Army person and having regard to the allegations and since investigation is required both at Chandigarh and at Kerala, I feel the effective and proper agency to conduct investigation is CBI only. Moreover, I do not think 7th respondent can have any objection against an impartial enquiry being conducted by a Central agency. In the circumstances, I allow the W.P. directing the Director of CBI to get investigation done by the unit which has charge over Chandigarh to investigate. They are free to conduct enquiry in Kerala as well. The 4th respondent will forward copy of this judgment to the Director of CBI for getting the Crime investigated by the CBI. The CBI officer concerned will 4 call for the files transferred by Kerala Police from the Firospur Police Station, Chandigarh and continue the investigation in accordance with law and complete the same without any delay. The CBI will take the report from Police as an information, conduct enquiry and file FIR only if the same is required. C.N.RAMACHANDRAN NAIR Judge pms