IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH SEPTEMBER 2010 / 16TH BHADRA 1932 WP(C).No. 12782 of 2010(Q) ------------------------------------- PETITIONER(S): ------------------------ 1. JULY ROY, D/O.PHILIP PHILIPOSE, MANAYIL HOUSE, ERATTIYAR P.O., IDUKKI DISTRICT, PIN-685514. 2. P.KAMARAJ, AGED 62, S/O.PONNAYYAN, P.K.R.NIVAS, PALLIKKONAM, ARUMANA POST, PIN-629 151, KANYAKUMARI DISTRICT. BY ADV. SRI.P.K.IBRAHIM RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE SECRETARY, THE DEPARTMENT OF HOME AFFAIRS, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. CENTRAL BUREAU OF INVESTIGATION, REPRESENTED BY ITS DIRECTOR, OFFICE OF THE CENTRAL BUREAU OF INVESTIGATION, KATHRIKKADAVU, KALOOR, KOCHI-17. *ADDL. R4 IMPLEADED 4. M.L.AUGUSTHY, AGED 48, S/O. LUKA, MAPLAN HOUSE, POST KALTHOTTI, IDUKKI DISTRICT. ADDL. R4 IS IMPLEADED AS PER ORDER DT. 16.6.2010 IN IA. 7198/2010. R1 & R2 BY GOVT. PLEADER SMT.C.M.CHARISMA R3 BY ADV. SRI.P.CHANDRASEKHAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.12782/2010 APPENDIX PETITIONER'S EXHIBITS P1 (a):- COPY OF THE CERTIFICATE OF THE INCORPORATION OF SKYBLUE CONSULTING AND SERVICES PVT. LTD. UNDER COMPANIES ACT 1956 DTD. 26.8.2004. P1(b):- COPY OF THE CERTIFICATE OF THE INCORPORATION OF SKYBLUE ENTERPRISES PVT. LTD., UNDER COMPANIES ACT 1956 DTD. 22.4.2004. P2:- COPY OF THE APPLCIATION FOR REGISTRATION OF THE TRADE MARK SUBMITTED AT THE OFFICE OF THE GOVERNMENT OF INDIA TRADE MARKS REGISTRY, CHENNAI, P3(a):- COPY OF THE FAINTED RECEIPT ISSUED TO LEELAMMA IN THE NAME OF SKYBLUE INTERNATIONAL PVT. LTD., BY SEBASTIAN P.JOHN. P3(b):- COPY OF THE FAINTED RECEIPT ISSUED TO ABRAHAM K.J. IN THE NAME OF SKYBLUE INTERNATIONAL PVT. LTD. BY SEBASTIAN P.JOHN DTD. 12.3.2004. P4:- COPY OF THE NEWS ON THE CARRIER FEST CONDUCTED BY SKYBLUE INTERNATIONAL PVT. LTD. APPEARD IN DEEPIKA ON 25.4.2004. P5(a):- COPY OF THE ADVERTISEMENT APPEARED IN MALAYALA MANORAMA ON 18.4.2005 ON INAUGURAL PROGRAMME. P5(b):- COPY OF THE PRINTED NOTICE FOR THE INAUGURATION. P6:- COPY OF THE COMMUNICATION DTD. 24.10.2005 BY THE KERALA STATE CO- OPERATIVE BANK LTD., ADDRESSED TO SRI.ABRAHAM K.J. P7(a):- COPY OF THE FAINTED LETTER DTD. 7.1.2006 ADDRESSED TO THE THEN CHIEF MINISTER SRI.UMMEN CHANDY BY THE PRESENT CHIEF MINISTER. P7(b):- COPY OF THE NEWS ITEM APPEARED IN MATHRUBHUMI ON 9.4.2006. P8:- COPY OF THE NEWSITEMS APPEARED IN THE PRESS IN MATHRUBHUMI DTD. 16.10.2005 AND KERALA KAUMUDI DTD. 18.10.2005 REGARDING THE SCAM ON EDUCATIONAL LOAN. P9:- COPY OF THE NEWS ITEM REPORTING THE SUICIDES OF THE VICTIMS IN DEEPIKA DTD. 24.9.2005, DESABHIMANI DTD. 18.2.05 & MANGALAM DTD. 24.9.05. P10(a):- COPIES OF THE NEWSPAPERS REPORTS REGARDING THE CRIME BRANCH ENQUIRY IN MATHRUBHUMI DT. 9.11.05 & 10.11.05. P10(b):- COPY OF THE COMPLAINT BEFORE BANKIING OMBUDSMAN APPEARED IN MATHRUBHUMI ON 28.10.2005. P11:- COPY OF THE CERTIFICATE OF ISO 9001-2000 ISSUED ATO SKYBLUE ENTERPIRSES PVT.LTD. pto W.P.(C) NO.12782/2010 P12(a):- COPY OF THE ADVERTISEMENT APPEARDED IN MALAYALA MANORAM ON 25.5.07. P12(b):- COPY OF THE HALF PAGE ADVERTISEMENT APPEARED IN MANGALAM ON 13.5.2007. P12(c):- COPY OF THE NOTICES PRINTED AND PUBLISHED BY THE SKYBLUE CONSULTANCY SERVICES REGARDING THEIR EDUCATIONAL LOAN. P13:- COPY OF THE NEWS REPORT APPEARD IN DESABHIMANI DTD. 6.6.2007 ASSURING VIGILANCE ENQUIRY INTO CO-OPERATIVE SOCIETY BANK-SKYBLUE LOAN SCAM. P14:- COPY OF THE RECEIPTS ISSUED BY SEBASTIAN ON 16.12.05 TO SHAINY PAPU. P15:- COPY OF THE LIST OF 203 CANDIDATES WHO PAID MONEY TO THE PETITIONER. P16:- COPIES OF THE COUNTER FOILS OF THE PAY-IN-SLIP OF ICICI BANK AND PUNJAB NBATIONAL BANK. P17:- COPY OF THE ARTICLE APPEARD IN KERALA SABDAM DTD. 18.10.2009. P18(a):- COPY OF THE E-MAIL DTD. 19.3.2007. P18(b):- COPY OF THE DAILY REPORTS SUBMTITED ON 20.3.2007. P18(c):- COPY OF THE DAILY REPORTS SUBMITTED ON 28.3.2007. P18(d):- COPY OF THE DAILY REPORTS SUBMITTED ON 29.3.2007. P18():- COPY OF THE DAILY REPORTS SUBMITTED ON 10.4.2007. P18(f):- COPY OF THE DAILY REPORTS SUBMITTED ON 13.4.2007. P19:- COPY OF THE RECEIPT ISSUED BY SEBASTIAN P. JOHN TO THE 2ND PETITIONER IN THE NAME OF HIS DAUGHTER ANUSHA K. DT. 1.3.07. P20:_ COPY OF THE AUTHORIZATION LETTER DTD. 21.5.07 GIVEN TO PETITIONER AS TRUSTEE OF RAJIV GANDHI MEMORIAL RURAL DEVELOPMENT TRUST. P21:- COPY OF THE AUTORIZATION LETTER DTD. 21.6.2007. P22:- COPY OF THE RECEIPT DTD. 25.9.2007 ISSUED BY SEBASTIAN ACKNOWLEDGING RS. 33 LAKHS. P23:- COPY OF THE CHARGE SHEET DRAWN IN TAMILDTD. 28.12.2008 . P23(b):- COPY OF THE MALAYALAM TRANSLATION OF EXT.P23(a). pto W.P.(C) NO.12782/2010 P24:- COPY OF THE LIST OF 123 CANDIDATES WHO HAVE THUS BEEN CHEATED BY SEBASTIAN P.JOHN AND OTHER DIRECTORS OF THE SKYBLUE ENTERPIRSED PVT. LTD. P25:- COPY OF THE REPORT APPEARED IN MANGALAM DTD. 27.4.2009. P26:- COPY OF THE REPORT ARRESTING THE MOTHER-IN LAW OF SEBASTIAN P.JOHN WHO IS A DEPUTY TAHSILDAR. P27:- COPY OF THE REPORT ON SEBASTIAN P.JOHN APPEARD IN MATHRUBHUMI DAILY DTD. 27.4.2009. P28:- COPY OF THE REPRESENTATION WITHOUT TIS ENCLOSURES ADDRESSED TO THE CHIEF MINISTER, HOME MINISTER, CHIEF SECRETARY AND SECRETARY TO HOME. P29(a):- COPY OF THE FIR IN CRIME NO.1218/05 OF CENTRAL POLICE STATION, ERNAKULAM. P29(b):- COPY OF THE FIR IN CRIME NO.206/06 OF CENTRAL POLICE STATION, ERNAKULAM. P29(c):- COPY OF THE FIR IN CRIME NO.809/06 OF CENTRAL POLICE STATION, ERNAKULAM. P29(d):- COPY OF THE FIR IN CRIME NO.872/07 OF CENTRAL POLICE STATION, ERNAKULAM. P29(e):- COPY OF THE FIR IN CRIME NO.582/07 REGISTERED AT MUSEUM POLICE STATION, THIRUVANANTHAPURAM. P30:- COPY OF THE POSTAL RECEIPT. TRUE COPY P.S. TO JUDGE tss M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.12782 of 2010 Q -------------------------- JUDGMENT This petition is filed under Article 226 of Constitution of India for a writ of mandamus directing respondents 1 and 2 to refer Crime Nos. 1218/2005, 206/2006, 809/2006 and 872/2007 of Central Police Station, Ernakulam and Crime No. 582/2007 of Museum Police Station, Thiruvananthapuram and other crimes registered against Sebastian P.John and other Directors of Skyblue Enterprises Pvt. Ltd. and Skyblue Consulting and Services Pvt. Ltd. in different police stations, for the offence alleging cheating public by offering employment abroad and admission in Nursing course with educational loans, to the third respondent for investigation. 2. Fourth respondent was subsequently got impleaded as per order in I.A.No.7198/2010. He also supported the case of the petitioner contending WPC 12782/10 2 that the cases are not being properly investigated. 3. The statement filed by Director General of Police shows that in addition to the crimes referred to by the petitioner, Crime No.142/2008 of Defence Colony Police Station, New Delhi and Crime No.231/2008 of Economic Offence Wing, New Delhi Police are also pending investigation. It is submitted that on the orders of Inspector General of Police, Ernakulam Range, a meeting of the Investigating Officers was convened and extensive investigations are to be made at different places. It is also reported that three separate investigation teams are constituted to trace out the accused and still, the accused is yet to be apprehended. It is submitted that investigation is to be conducted in Tamil Nadu and New Delhi apart from other places. 4. Considering the magnitude of the investigation and the fact that investigation is to be conducted outside the State, including New WPC 12782/10 3 Delhi, Karnataka and Tamil Nadu and even out of India, it is submitted by the petitioners that investigation by Central Bureau of Investigation is necessary. 5. Learned Additional Director General of Prosecutions submitted that investigation could be conducted by Central Bureau of Investigation, considering the magnitude of the investigation. 6. In the nature of the case, it is clear that an effective investigation is not possible by the Kerala Police alone as investigation is to be conducted even outside the State. In such circumstances, investigation of the case is to be transferred to Central Bureau of Investigation. Petition is allowed. Central Bureau of Investigation is directed to take over investigation of all the cases immediately and conduct a fair and effective investigation in Crime Nos.1218/2005, 206/2006, 809/2006 and 872/2007 of Central Police Station, Ernakulam, Crime No. WPC 12782/10 4 582/2007 of Museum Police Station, Thiruvananthapuram, expeditiously. Central Bureau of Investigation may also take over investigation of all the connected cases, including Crime No.142/2008 of Defence Colony Police Station, New Delhi and Crime No. 231/2008 of Economic Offence Wing, New Delhi. 7th September, 2010 (M.Sasidharan Nambiar, Judge) tkv