IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WA.No. 945 of 2010() -------------------- AGAINST THE JUDGMENT IN WPC.13426/2010 Dated 25/05/2010 .................... APPELLANT(S): RESPONDENTS 1,2,3 AND 5 IN WPC -------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY ITS SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 4. THE ASST. DIRECTOR, POLICE ACADEMY, THRISSUR, PRESENTLY APPOINTED AS INVESTIGATING OFFICER IN CR.NO.251/2010 OF TOWN NORTH POLICE STATION, PALAKKAD. BY ASST.DIRECTOR GENERAL OF PROSECUTION SRI.K.K.RAVINDRANATH RESPONDENT(S): PETITIONER & RESPONDENTS 3&4 & ADDL.R6&7 IN WPC: --------------------------------------------------------------- 1. MURUKESHAN, S/O.RAMAN, PARVATHY NIVAS, KADANGODE, KARINGARAPPALLI P.O., PALAKKAD. 2. THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI. 3. KARTHYAYANI AMMA, W/O.LATE NALAKRISHNAN NAMBIAR, SAYOOJYAM, GANGOTHRI NAGAR, PUTHUR, PALAKKAD. 4. RAMAN, S/O.ANGAPPAN, KARIPALIL HOUSE, KARINGARAPPALLY P.O., KODUMBU VILLAGE, PALAKKAD. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R-2 SRI.P.VIJAYA BHANU FOR R1 & R7 SRI.V.A.JOHNSON (VARIKKAPPALLIL) FOR R1 & R7 SRI.K.ANAND FOR R3 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.945 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of June, 2010 JUDGMENT J.Chelameswar, CJ. This is an appeal preferred by the State of Kerala who was the first respondent in W.P.(C)No.13426 of 2010. The above mentioned writ petition was filed by a person whose younger brother admittedly died in police custody on the night of 29th March, 2010. The said deceased (one Sampath) was admittedly taken into custody by the Tamil Nadu Police on 28.3.2010 at Coimbatore from the house of his sister. Subsequently, the above mentioned Sampath died while he still continued to be in police custody. It may not be necessary for us to go into the full factual matrix which culminated in the death of the above mentioned Sampath. The fact on record remains that the death of Sampath created a great deal of concern. A criminal case in this regard was registered. The investigation is entrusted to a special team which headed by the fourth appellant herein. Admittedly, the investigating team WA No.945/2010 -:2:- prima facie opined that 14 of the police personnel of the Kerala Police are involved in the offence which resulted in the death of the above mentioned Sampath. 2. Complaining that the investigation is not impartial and police officers at a higher level than the 14 above mentioned police personnel suspected are also involved in the perpetration of the crime which led to the death of Sampath, the instant writ petition came to be filed praying that the investigation be entrusted to what is popularly known as C.B.I, an investigating body functioning under the Delhi Special Police Establishment Act, 1946. By the judgment under appeal, the writ petition is disposed of with certain directions including a direction to entrust the investigation of the Crime No.259/CR/HHW-II/EKM/2010 to the C.B.I. The operative portion of the judgment under appeal reads as follows: “(a) The investigation of the Sampath murder case (Crime No.251 of 2010) of Town North Police Station, Palakkad and re-registered as CB CID Crime No.259/CR/HHW-II/EKM/2010 shall be transferred to the C.B.I. for a detailed, impartial and meaningful investigation. (b) The investigation files of the above case shall be immediately handed over to Superintendent of Police (SPE, C.B.I., WA No.945/2010 -:3:- Thiruvananthapuram Branch) who shall entrust the charge of investigation with one or more officers of proven record. It shall be within the discretion of the C.B.I. to conduct a de novo investigation of the case or to continue the investigation from the stage where the Crime Branch Police had reached. Every person directly or indirectly involved in the custodial torture of Sampath, howsoever high he may be, shall be brought to justice. c) The state Government shall extend all infrastructural and other facilities to the officers of the C.B.I. investigating the above case. d) Entrustment of the investigation of “Sampath murder case” with the C.B.I. shall not in any way affect the proper, meaningful and efficient investigation of “Sheela murder case” and, if need be, the State Government may entrust the investigation of that case with an officer of unquestionable integrity and having the proper investigation skills.” The deceased Sampath was taken into custody on the suspicion that he was involved in the murder of one Sheela who was murdered on 23.3.2010 at Puthoor in Palakkad District. It appears from the judgment under appeal that the above mentioned Sheela is the sister of a senior officer in the State Tourism Department. The very fact that a special investigating team entrusted with the investigation of the crime resulting in the death of the above mentioned Sampath prima facie opined WA No.945/2010 -:4:- that 14 of the police personnel of the State of Kerala are required to be investigated itself in our view establishes that there was something unusual about the crime, coupled with the fact that admittedly the deceased Sampath was found to have suffered 63 ante mortem injuries in his body enhances the gravity of the crime. 3. There are allegations made by the petitioner that some of the persons at a higher level either belonging to the police department or other department of the State possibly played a role in the inhuman treatment meted out to the deceased Sampath. At this stage it remains only an allegation. Whether there is any truth in such allegation or not is a matter required to be investigated by an impartial body, not only in the interest of reaching a just conclusion in the crime registered against the death of the above mentioned Sampath but also in the interest of the credibility of the system itself. The very fact that none of the 14 suspected police personnel of the State of Kerala have been apprehended so far notwithstanding the fact that the incident occurred more than two months back only goes to create further doubts regarding the impartiality of the law enforcement process in so far as the WA No.945/2010 -:5:- above mentioned crime is concerned. In the circumstances, we are in total agreement with the conclusion reached by the learned Judge by the judgment under appeal directing the investigation of Crime No. 259/CR/HHW-II/EKM/2010 be entrusted to C.B.I. At any rate, we do not understand as to how the State of Kerala is an aggrieved party by the said judgment. It is a different matter that aggrieved by some of the observations made by the judgment under appeal individuals aggrieved have already approached this Court by appeals and those matters have already admitted . But, we do not see any reason to admit this appeal at the instance of the State of Kerala. The appeal is therefore dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. TKS