IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 11228 of 2008(J) -------------------------- PETITIONER: --------------- MANJU PRABHA PRASAD PILLAI, ALIAS PRABHA PILLAI, RESIDING AT 2A HEERA VELL MOUNT PALACE, KOWDIAR, THIRUVANANTHAPURAM, HAVING U.S.ADDRESS 3160, CANVON OAKS TERRACE CHICO CALIFORNIA - 95928, U.S.A. BY ADV. SRI.M.BALAGOVINDAN SRI.T.K.ANANDA PADMANABHAN SRI.M.R.SASITH RESPONDENTS: ------------------ 1. M/S. R.P.HOSPITALITIES PRIVATE LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, T.C.9/414, AISWARYA G-3, JAWAHAR NAGAR, KAVADIYAR, THIRUVANANTHAPURAM. 2. SMT.VIJAYABIKA, DIRECTOR OF R.P.HOSPITALITIES PRIVATE LIMITED, T.C.9/414, AISWARYA G-3, JAWAHAR NAGAR, KAVADIYAR, THIRUVANANTHAPURAM. 3. MANAGER, STATE BANK OF TRAVANCORE, SANTHI NAGAR BRANCH, THIRUVANANTHAPURAM. BY SRI.R.S.KALKURA, SC, SBT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JUDGMENT LEARNED COUNSEL FOR THE WRIT PETITIONER SEEKS PERMISSION TO WITHDRAW THE WRIT PETITION WITH LIBERTY TO FILE A FRESH ONE. ACCORDINGLY, THE WRIT PETITION IS DISMISSED AS WITHDRAWN WITH LIBERTY TO FILE A FRESH ONE. 2/4/2008 SD/-ANTONY DOMINIC, JUDGE Rp //TRUE COPY// V. Ramkumar, J. ....................................... W.P. ( c) No. 11228 of 2007 ....................................... Dated: JUDGMENT In this Writ Petition filed under Article 226 of the Constitution of India the petitioner (Mariyu) the widow of Muhammed Fasal of Madapeedika in Thalassery, seeks a writ of mandamus directing the 6th respondent State of Kerala to entrust the investigation of C.B.C.I.D. Crime No. 313/CR/KNR/2006 (Crime No. 442 of 2006 of Thalassery Police Station) with respondents 3 and 4 namely the Cochin Unit of Central Bureau of Investigation and the Central Bureau of Investigation, New Delhi. 2. The petitioner's version regarding the occurrence is as follows:- Muhammed Fasal, the late husband of the petitioner was a newspaper vendor by occupation . He was vending the newspaper daily by name “ Thejus”. At about 3.30 a.m. on 22- W.P. ( c) No. 11228 of 2007 -:2:- 10-2006 he had gone to collect newspapers and distribute them. But he was brutally murdered at the wee hours of 22-10-2006 from the Temple Road, Thalassery near the Liberty Quarters. The deceased had sustained as many as 20 stab injuries. The nature of the injuries would suggest that the murderers were professional assailants having expertise in committing such offences. It was a pre-planned and cold-blooded murder. On 22-10-2006 itself Crime No. 442 of 2006 was registered by the Sub Inspector of Police, Thalassery, under Sec. 302 I.P.C. against unidentified persons on receipt of an anonymous telephone call to the effect that somebody was lying wounded on the road in a pool of blood. Eventhough the police took Fasal to the Government General Hospital, Thalassery, the doctor after examining him pronounced him dead. Immediately the investigation of the case was taken over by the first respondent Superintendent, CBCID, Thalassery. So far no person has been arrested and the investigating agency would take the stand that there is no clue regarding the assailants. The deceased was a supporter of the National Democratic Front (NDF). The deceased was a person of good behaviour and as far as the petitioner knows he had no enemies. However, on account of W.P. ( c) No. 11228 of 2007 -:3:- the political conditions prevailing in that area the deceased used to tell the petitioner that the local members of the Communist Party of India (Marxist) (“CPM” for short) were not happy with him. He was earlier an ardent supporter and worker of C.P.M. But later he shifted his allegiance and joined the N.D.F. Many of the Muslim members of that locality had defected to the N.D.F. at the instance of the petitioner's husband. Fasal was instrumental in many persons terminating the subscription to the C.P.M. party newspaper and subscribing to “Thejus” newspaper”. By this, Fasal had invited the wrath of the C.P.M. activists. The investigation of the case is proceeding in the most unsatisfactory manner. Eventhough the police dog attached to the dog squad had, after sniffing got into the house of certain ardent workers of C.P.M., the then Dy.S.P. of DCRB by name Radhakrishnan who had made appreciable headway into the investigation was withdrawn from the investigation team. It is pertinent to note that the gruesome murder in this case took place in the Constituency of Kodiyeri Balakrishnan the present Home Minister . With a view to throw the investigating agency and the public off the scent the assailants had planted tridents (thrisuls) near the deadbody so as to create an impression that W.P. ( c) No. 11228 of 2007 -:4:- members of the Rashtreeya Swayam Sevak Sangh (“RSS” for short) were behind the murder of Fasal. Eventhough three C.P.M. workers were taken into custody by the then investigating officer, after the sniffer dog had run into the house of a C.P.M. worker, those three persons were released from custody at the intervention of the leaders of the C.P.M. as revealed by Exts.P1 and P2 news items in two popular dailies by name Madhyamam and Chandrika. In Ext.P3 news item in Madhyamam Daily dated 1-12-2006 it was reported that the members of the United Democratic Front had protested against the political interference by the ruling party C.P.M. in the fair and impartial investigation of this case. The petitioner reasonably understands that the murderers of her late husband are none other than the members of the C.P.M. and she will not get justice since the C.P.M. is in power and the Minister who is hailing from that Constituency is controlling the portfolio of Home. All representations by the petitioner before the various authorities including the Director General of Police the 2nd respondent for justice have fallen on deaf ears. The petitioner filed W.P.(C). No. 2063 of 2007 before this Court praying for the investigation by a more specialised and impartial agency W.P. ( c) No. 11228 of 2007 -:5:- preferably the C.B.I. That Writ Petition was disposed of by this Court as per judgment dated 14-2-2007 entrusting the investigation a Special Investigation Team headed by the 5th respondent Superintendent of Police. But even after the entrustment of the investigation with a Special Investigation Team, no investigation worth its name has been conducted. Valuable evidence which would throw some light into the circumstances leading to the death of the petitioner's husband will be destroyed by the lapse of time. Every day's delay on the part of the police in unearthing the evidence of the crime is fatal. In the present political set up the petitioner will not get any justice from the State Police. Hence this Writ Petition. 3. Two statements have been filed in this case on behalf of the 5th respondent. The first statement was filed by one Venugopalan, Superintendent of Police, Crime Branch C.I.D., Kannur on 31-5-2007 wherein except denying the allegations made by the petitioner the said statement contains nothing new. The said statement contains the following further facts:- Four persons residing at Liberty Quarters near Saidarpalli claimed to have seen the incident partially and they had admitted the same before the Investigating Officer. Two W.P. ( c) No. 11228 of 2007 -:6:- witnesses by name Abdulla and Sali have already admitted that they had seen three persons attacking from the public road in front of Liberty Quarters at about 3 a.m. on 22-10-2006 but they could not identify the assailants as there was no streetlight. They have further stated that the assailants suddenly took to their heels after taking the vehicle and sped along the eastern side. 4. In the subsequent statement dated 15-10-2007 filed by T.K. Rajmohan, Superintendent of Police, Crime Branch CID, SIG III, Kozhikode what is stated is as follows: The Special Investigation Team started investigation on 14- 06-2007. After a systematic investigation in which more than 100 witnesses were questioned and the case was analysed threadbare. The first accused in the case is Sunilkumar @ Kodi Suni. Accused Nos. 2 and 3 are Koyeri Biju @ Pahutti Biju @ Bijesh and M.K. Jithesh @ Jithu. All of them are known political bad characters, hailing from Thalassery, Chockli and Pallur Police Station limits. These gundas were actively involved in several political murders and attempt to murder cases and extorting people in that area. A1 Sunilkumar is involved in 21 criminal cases and A2 Brijesh is involved in six criminal cases W.P. ( c) No. 11228 of 2007 -:7:- including Shaji murder case and A3 Jithesh including 4 criminal cases . Deceased Fasal was a strong N.D.F. activist in that area. The accused persons had reached the place of occurrence namely the front portion of Liberty Quarters in a motor cycle bearing Reg. No. PY-01/2976. They were hiding by the side of by-lane on the eastern side of Liberty Quarters when deceased Fasal came on his bicycle to collect “Thejus Newspaper”. The accused persons pounced upon him and attacked him in front of Liberty Quarters with deadly weapons like chopper, knife etc. After the incident they tried to escape from the scene on the motor cycle A3 Jithesh. The said Jithesh who had left behind his chappal at the scene of crime returned to the spot while the two others waited on the motor cycle. Hearing the commotion and the screaming sound from the road, one Abdulla and Lulu Marjan both of whom are residents of Liberty Quarters, witnessed the incident in dim light but they could not identify the assailants. Similarly, one Sameera, daughter of Moidu another inmate of Liberty Quarters put on the exterior light and saw a person searching for his chappal on the road in front of her quarters. Seeing the light Jithesh fled from the scene leaving back his pair of chappals and alighted the motor cycle W.P. ( c) No. 11228 of 2007 -:8:- and sped away along with the other two accused persons. On their way to Illathuthazham they concealed the chopper and knife in an unoccupied open compound on the western side of Pankaj Talkies. Subsequently, on the confession of A2 and A3, Rajmohan, the Superintendent of Police recovered those weapons under a mahazar. The three assailants who reached their respective houses had left for Mysore on the next day. A2 and A3 who had been questioned earlier by the previous invesitgating officer were summoned against for questioning and on thorough interrogation on 8-10-2007, they confessed their guilt along with A1 in judicial custody. As and A3 were thus arrested on 8-10-2007. A1 who is in judicial custody in connection with Chockli Police Station Crime No. 226 of 2007, for offences punishable under Sections 143, 147, 148, 341, 324 and 307 read with Sec. 34 I.P.C. and Sections 3 and 5 of the Explosive Substances Act, 1908, was formally arrested on 10-10- 2007. 5. Even according to the Special Investigation Team, the three accused persons who have been arrested are professional gundas involved in several cases. No investigation appears to have been conducted to pinpoint and confirm the identity of A1 W.P. ( c) No. 11228 of 2007 -:9:- to A3 as the assailants of Fasal. Even the witnesses by name Abdulla and Lulu Mariyan who had allegedly witnessed the occurrence in dim light have not identified the assailants. If the accused are professional assassins, then they must have been definitely engaged by somebody owing allegiance to the C.P.M. to do away with Fasal towards whom the CPM workers were nurturing extreme enmity for canvassing Muslim youths to join NDF and for increasing the circulation of “Thejus” daily. There is no evidence forthcoming to show the conspiracy hatched to assassinate Fasal against whom the local C.P.M. activist had an axe to grind for his defection from the Marxist Party. 6. A perusal of the case diary files suggests that there has not been any intelligent investigation so as to converge on the three accused persons. The only guiding factor appears to be the bad antecedents of the three accused persons. So that they could be found handy for easy arraignment as the culprits in this case. A serious investigation by an impartial agency which may not be amenable to the local politics alone and bring out the truth. Under these circumstances, notwithstanding the submissions on behalf of the C.B.I. that in and absence of any inter-state or international ramifications the W.P. ( c) No. 11228 of 2007 -:10:- intervention of the C.B.I. may not be ordered, I am inclined to entrust the investigation with the C.B.I. The investigation files shall, therefore be, transferred to the Central Bureau of Investigation which shall continue the investigation and bring to justice the culprits the slaying of Muhammed Fasal. The State Government shall provide all the necessary infrastructural facilities to the officers to the C.B.I. in-charge of the investigation. 7. If reports are to be believed, Kannur District, particularly, Thalassery Taluk is, over the years, become the hotbed of political violence and carnage of the worst order. What is surprising is the fact that the health conscious people of that area although very friendly affable and hospitable to others, turned mad and transform themselves into veritable demons while under the seizure of acute political acrimony. Precious lives of fellow mortals are taken in the most horrendous manner by the rival bigwigs either through their own party men or through hired assassins. Lethal weapons are procured and stored without detection. God given terrestrial lease of the poor citizens is determined not by any natural causes but by the beastly animals in human form who dwell amongst us. Very W.P. ( c) No. 11228 of 2007 -:11:- cunningly the party leaders, however, escape unhurt in this cruel and blood thirsty game. 8. Given the full freedom , the State Police is par excellence in crime detection and investigation, provided there is not political or other intervention. But the ground reality is a totally different pictures. It is a shame that even if it be for survival, the police pandering to the vicious instincts of the influential politicians by shielding from punishment those who are really guilty and projecting either innocent persons listed out from the party office or arraigning party confidants who volunteer to go to the dock at the party's expense. There were reported instances of the peoples' representatives with diabolic designs barging into police Stations to rescue their own party criminal from the police lock-ups. Experience shows that whichever party comes into power, violence and political killings continue unabashed in these part of the State and the common man there lives in fear and there is a crippling stand still rendering the life of the people miserable. Shops remain closed continuously to the extreme hardship of the people. All party peace missions are nothing but a hoapes to hoodwink the fickle minded public. Past lessons show that restoration of W.P. ( c) No. 11228 of 2007 -:12:- peace and harmony is only evanescent with history of repeated violence and vandalism. The solution seems sto be a timely intervention by Union Government by deploying sufficient forces who will not play to the tune of any of the parties whether in power or not. V. Ramkumar, Judge. ani/