IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 WP(C).No. 30813 of 2011(B) -------------------------- PETITIONER: --------------- M.SUKUMARAN NAIR, S/O.MADHAVAN PILLAI, AGED 49 YEARS, LEKHA NIVAS, PAPRATHERI, KALLIYOOR, THIRUVANANTHAPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR SMT.SMITHA BABU SRI.P.A.RAJESH SRI.K.RAKESH SRI.RAVI KRISHNAN RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, TRIVANDRUM PIN - 695 001. 2. THE DIRECTOR GENERAL OF POLICE (STATE POLICE CHIEF), POLICE HEAD QUARTERS, TRIVANDRUM PIN - 695 001. 3. THE CITY COMMISSIONER OF POLICE, THIRUVANANTHAPURAM, PIN - 695 001. 4. THE SUPERINTENDENT OF POLICE, CRIME BRANCH, CRIME INVESTIGATION DEPARTMENT, (C.I.D), THIRUVANANTHAPURAM, PIN - 695 001. 5. THE STATION HOUSE OFFICER, NEMAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT, PIN - 695 020. BY STATE ATTORNEY SRI.VIJAYARAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: vk WP(C).No. 30813 of 2011(B) ---------------------------------- APPENDIX ------------ PETITIONER(S) EXHIBITS -------------------------------- EXT.P-1 TRUE COPY OF THE F.I.R. IN CRIME NO.732/2010 OF THE NEMAM POLICE STATION DATED, 31-7-2010. EXT.P-2 TRUE COPY OF THE POSTMORTEM CERTIFICATE OF THE DAUGHTER OF THE PETITIONER ISSUED BY THE PROFESSOR AND HEAD OF FORENSIC MEDICINE, MEDICAL COLLEGE, THIRUVANANTHAPURAM, DATED, 1-8-2010. EXT.P-3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT, STATE POLICE CHIEF DATED, 24-9-2011. EXT.P-4 TRUE COPY OF THE COMMUNICATION GIVEN WITH ACKNOWLEDGMENT BY THE 2ND RESPONDENT DATED, 24-9-2011. EXT.P-5 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER, DATED, 30-9-2010 BEFORE THE CHIEF SECRETARY. EXT.P-6 TRUE COPY OF THE ORDER IN H.R.M.P.NO.3664/2010 DATED, 24-5-2011 OF THE STATE HUMAN RIGHTS COMMISSION, THIRUVANANTHAPURAM. RESPONDENTS' EXHIBITS : NIL ------------------------------- / TRUE COPY / P.A. TO JUDGE VK N.K.BALAKRISHNAN, J. -------------------------------- W.P.(C). No.30813 of 2011 ------------------------------------ Dated this the 6th day of December 2011 J U D G M E N T Heard learned counsel for the petitioner and the learned State Attorney. 2. Learned counsel for the petitioner pointed out so many aspects to show that the investigation was not conducted properly. The petitioner is stated to be a totally blind person. His elder daughter was found dead on 31.7.2010. Learned counsel has made submission with regard to a letter having four pages bearing some relevance showing doubts on the cause of death of petitioner’s daughter. The conduct of the Manager of the School also according to the petitioner is suspicious. In these circumstances, as submitted by the State Attorney also, it is just and proper that the investigation is conducted by the CBCID. The investigation shall be conducted by an officer W.P.(C). No.30813 of 2011 -: 2 :- not below the rank of Dy.S.P., CBCID. The Superintendent of Police will hand over the investigation to the Dy.S.P., CBCID as mentioned above. This writ petition is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt