IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 4987 of 2010 (Q) ------------------------- PETITIONER(S): ------------ MARUTHIBABU RAO JADHAV @ SETTU, PROPRITER, DHANALAKSHMI SILVER REFINERY, SANTHAPURAM LODGE, CALICUT ROAD,PERINTHALMANNA. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S): --------------- 1. STATION HOUSE OFFICER, PALAKKAD TOWN POLICE STATION, PALAKKAD. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REP BY ITS SECRETARY HOME DEPARTMENT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. C.S. HRITHWIK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON 31/08/2010 DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ........................................... W.P. (C). 4987 OF 2010 .......................................... Dated: 31st August, 2010 Judgment In this Writ Petition filed under Art. 226 of the Constitution of India, the petitioner who is a wholesale jeweller seeks a direction to the 2nd respondent Director General of Police to entrust the investigation of Crime No. 31 of 2008 of Palakkad Railway Police Station to the Crime Branch Police or any other independent agency . 2. The case of the petitioner can be summarised as follows:- The petitioner is the proprietor a firm by name Dhanalakshmi Silver Refinery having its head office at Chennai. The said firm is engaged in the sale of gold and W.P. (C). 4987 OF 2010 2 silver ornaments to retailers as well as to the goldsmith's throughout the State. On 10-11-2008 Muhameed Rafeeq (hereinafter referred to as the “complainant” for short) who is an agent of the petitioner was bringing three gold bars each weighing 1 kgm. from Chennai to Shornur in the Chennai - Thiruvananthapuram Super Fast Train (Train No. 2683). At about 4 a.m. on 11.11.2008 when the train reached Olavakkod Junction two persons clad in police uniform got into the train and forcibly made the complainant alight there a took him in a Tata Sumo which looked like police vehicle with the board “POLICE” affixed to the front and rear side of the vehicle . More than two uniformed persons were inside the Tata Sumo. On the way, they grabbed his bag containing three gold bars and other valuables altogether worth Rs. 30,02,500. Thereafter they abandoned him nearly Yakkara Bridge near Palakkad. On the strength of the first information statement given by the complainant, the Railway W.P. (C). 4987 OF 2010 3 Police, Palakkad registered Crime No. 31/2008 under Sec. 120B, 170, 364, 395 and 412 I.P.C. Eventhough the above crime was registered two years back, there has been no progress in the investigation. None of the accused persons has been apprehended by the Police. The first respondent/Sub Inspector of Police is maintaining lethargy in the investigation on account of the influence exerted by one of the accused who is a Police Officer . The petitioner who has been deprived of his assets worth more than Rs. 30 lakhs has a right to seek investigation by an independent agency . In Ramesh Kumari v. State (NCT Delhi) and Others - (2002) 6 SCC 677 the Apex Court has held that if the allegation is against police personnel, interests of justice would be better served if the case is registered and investigated by an independent agency like the C.B.I. Hence, this Writ Petition. 3. The first respondent Sub Inspector of Town North Police Station, Palakkad and the Superintendent of W.P. (C). 4987 OF 2010 4 Police, Palakkad have filed separate statements contending inter alia as follows:- Investigation of Crime No. 31 of 2008 of Palakkad Railway Police Station was initially conducted by the Inspector of Police, Railways, Shornur. Considering the fact the police uniform had been utilised for the commission of offence by the culprits, the Director General of Police, Kerala transferred the above case to the S.P. Palakkad who in turn entrusted the case to the Asst. Superintendent of Police, Palakkad who was constituted the head of a Special Investigation Team consisting of C.I. Town North, C.I. Town South, C.I. Kasaba, C.I. Hemambika Nagar, C.I. Mannarkkad and C.I. Railways. On 17-11-2008, one Manoj (A6) was arrested . He confessed that he along with Joe Arokiaraj, then police driver of Walayar Police Station and Ramesh, Babu, Riyas, Abdul Nishad, Banujakshan and others had abducted the complainant from the train at Olavakkod W.P. (C). 4987 OF 2010 5 Railway Station (Palakkad) and had grabbed 3kgs. of gold bars and certain other valuables in his bag during the wee hours of 11-11-2008. He also confessed that Joe Arokiaraj , Ramesh and Babu were the king pins behind the ploy and they had planned and executed the same wearing police uniform. On 18-11-2008 Banujakshan (A7) was arrested and the vehicle bearing Reg. No. KL-11-P-9525 used for commission of the offence and displaying fake registration number on forged number plates and stickers bearing “POLICE” on its front and rearside was seized. Later, Abdul Nishad (A4) and Riyas (A5) were arrested on 3- 12-2008. They also confessed the commission of decoity from the general compartment of Train No. 2683 Chennai- Trivandrum Super Fast Express after hatching a criminal conspiracy and kidnapping the complainant. On 9-12-2008 Joe Arokiaraj, Ramesh and Babu (A1 to A3) surrendered before J.F.C.M.III, Palakkad and were remanded to judicial W.P. (C). 4987 OF 2010 6 custody. On the next day they were taken on police custody and their confession statements were recorded. Chandran, Manikandan and Balaji, who were receivers of the looted property were later arrested. Two kilograms out of the three kilograms of looted gold were recovered. Altogether 12 accused persons were arrayed as accused in this case and out of them 10 were. A7, A8 and A9 could not be arrested so far. Similarly, the remaining one kilogram of gold which may either be with A8 or A9 has to be recovered. The role of A11 and A12 can be proved only after A7 and A8 are nabbed. After conclusion of investigation a partial charge against A1 to A7 and A10 has been submitted before the J.F.C.M. III, Palakkad on 30-5-2009. The Writ Petitioner is Charge Witness No. 45 in the charge-sheet. Investigation of this case has led to the detection of some other sensational decoity cases including that of Ottappalam Police Station Crime No. 899 of 2008 registered for offences W.P. (C). 4987 OF 2010 7 punishable under Sections 364, 395 and 120 B I.P.C. Considering the special nature of the case a proposal for appointing a special public prosecutor has been submitted to the Director General of Police, Kerala, through the Superintendent of Police, Palakkad on 7-1-2010. The learned Magistrate has taken cognizance of the offences by registering the case as C.P. 30 of 2009. The case has thereafter been committed to the Court of Session, Palakkad where it has been registered as S.C. 392 of 2010. 4. Eventhough the Special Investigation Team constituted by the Superintendent of Police , Palakkad, has done good work in nabbing most of the culprits and seizing 2/3rd of the booty, the remaining one kilogram of gold is yet to be recovered and a few more culprits are yet to be apprehended . Looting operations by decoits on running trains especially on sectors near the State boarders, apart from sending shock waves among in the travelling public W.P. (C). 4987 OF 2010 8 are activities which have to be put down with an iron hand. Reports of train robberies may discourage passengers from choosing the railways as a medium of transport . The fact that a serving policeman has been acting as a privy to the “operation train looting” by the organised gang of marauders whose plundering complicity in other cases has also come to light, makes the case grave enough to receive the attention of a specialised body of investigators. Considering the further fact that few more culprits have not been apprehended so far and a sizeable share of the booty has not been recovered so far, I am of the view that further investigation of the case should be entrusted with a Special Investigation Team consisting of Officers with proven record and headed by an officer of the rank of Superintendent of Police of the CB CID. Accordingly, this Writ Petition is disposed of directing the 2nd respondent Director General of Police to constitute a Special Investigation Team as W.P. (C). 4987 OF 2010 9 aforesaid forthwith and entrust the task of further investigation of the above case with the aforesaid Special Investigation Team which shall expeditiously apprehend the absconding and remaining culprits and recover the remaining booty and file a final report before the Court concerned within four months of commencement of investigation. The Sessions Judge, Palakkad shall not proceed with S.C.392 of 2010 for a period of five months . Dated this 31st day of August, 2010. Sd/- V.RAMKUMAR, JUDGE. ani/ /true copy/ P.S. to Judge W.P. (C). 4987 OF 2010 10