IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 8TH JUNE 2011 / 18TH JYAISHTA 1933 WP(C).No. 8407 of 2011(A) ---------------------------------------- PETITIONER(S): ------------------------- 1. RAJAMMA, W/O.VELAYUDHAN, AGED 59 YEARS, RESIDING AT KARIPPELIKUDIYIL VEETTIL, CHERUVATTOOR, POST IRAMALLUR VILLAGE, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691. 2. NINI MURDER CASE-LEGAL HELP FORUM, REPRESENTED BY ITS CHAIRMAN SRI.SALAM KAVATTU, S/O.LATE MYDHEEN HAJI, AGED 39 YEARS, RESIDING AT KAVATTU HOUSE, POST-CHERUVATTOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691. 3. T.G.ANI, CONVENER-NINI MURDER CASE-LEGAL HELP FORUM, S/O.LATE GOPALAN, AGED 35 YEARS, THAZHATHE VEETTIL, POST-CHERUVATTOOR, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691. BY ADVS. SRI.K.P.RAMACHANDRAN, SRI.R.SUDHISH, SMT.BINDHU PAULOSE. RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY (HOME), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM, PIN-695 010. Kss ..2/- ..2.... WPC.NO.8407/2011 A 3. JOINT DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, CHENNAI. 4. SUPERINTENDENT, CENTRAL BUREAU OF INVESTIGATION, KALOOR-KATHRIKKADAVU ROAD, COCHIN, PIN-682 017. 5. SUB INSPECTOR OF POLICE, KOTHAMANGALAM POLICE STATION, KOTHAMANGALAM, ERNAKULAM DISTRICT, PIN-686 691. 6. CIRCLE INSPECTOR OF POLICE, OFFICE OF THE CIRCLE INSPECTOR OF POLICE, KOTHAMANGALAM, ERNAKULAM DISTRICT,PIN-686 691. 7. DEPUTY SUPERINTENDENT OF POLICE, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, MUVATTUPUZHA, ERNAKULAM DISTRICT, PIN-686 661. 8. SUPERINTENDENT OF CBCID, ERNAKULAM UNIT, OFFICE OF THE CRIME BRANCH, MAMANGALAM-ANCHUMANA ROAD, ERNAKULAM DISTRICT, PIN-682 024. BY PUBLIC PROSECUTOR SRI. K.J.MOHAMMED ANZAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/06/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8407/2011 A APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIR DTD. 11/03/2009 IN CRIME NO.602/09 OF KOTHAMANGALAM POLICE STATION. P2: COPY OF THE POST - MORTEM CERTIFICATE DTD. 12/03/2009 PREPARED BY DR.P.REMA. P3: COPY OF THE REPRESENTATION DTD. 18/03/2009 SUBMITTED BY THE 1ST PETITIONER'S HUSBAND BEFORE THE HONOURABLE HOME MINISTER. P4: COPY OF THE REPRESENTATION DTD. 27/04/2009 SUBMITTED BY THE 1ST PETITIONER'S SON BEFORE THE ERNAKULAM DISTRICT POLICE SUPERINTENDENT (RURAL) AND BEFORE THE DIRECTOR GENERAL OF POLICE, CHIEF MINISTER ETC. P5: COPY OF THE POSTAL RECEIPTS DTD. 27/04/2009 EVIDENCING THAT REPRESENTATIONS WERE SENT TO THE DIRECTOR GENERAL OF POLICE, SUPERINTENDENT OF POLICE, ERNAKULAM AND TO THE CHIEF MINISTER. P6: COPY OF THE NEWS REPORTED IN THE MANGALAM DAILY DTD.13/03/2009, MANGALAM DAILY 15/03/2009 AND IN RASHTRA DEEPIKA DAILY DTD. 12/03/2009. P7: COPY OF THE PUBLIC NOTICE DTD. 31/07/2009. P8: COPY OF THE OPINIONS ENTERED BY THE GENERAL PUBLIC IN A PUBLIC MEETING CONDUCTED ON 31/07/2009. P9: COPY OF THE ANONYMOUS LETTER DTD. 04/12/2010. P10: COPY OF THE COMMON JUDGMENT DTD. 02/11/2009 OF THE HONOURABLE HIGH COURT OF KERALA IN WP(C) NOS.20013/2009 AND IN 23961/2009 DOWN LOADED FROM HIGH COURT WEB SITE. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P JOSEPH, J. ---------------------------------------- W.P(C).No.8407 of 2011 --------------------------------------- Dated this 08th day of June, 2011 JUDGMENT This petition is for investigation by the Central Bureau of Investigation (for short, "the CBI”). Petitioner's daughter-in-law, Nini was found dead on 11.03.2009 at about 6.30p.m. The dead body was seen inserted into a hole under a tree trunk on the bank of Paroly Thodu. The Kothamangalam police registered Crime No.602 of 2009 under Sec.174 of the Code of Criminal Procedure. Respondents 5 to 7 conducted the investigation. On 13.10.2009 the CBCID attached to the State police department took up investigation. According to the petitioner, investigation is moving at a snail pace and without any result. Learned counsel has submitted that the CBCID took investigation of the case on 13.10.2009. One of the suspect, Hamsa was subjected to Polygraph test only on 28.03.2011 and 29.03.2011. The report of Polygraph test of the suspect is yet to be received. It is also submitted by learned counsel that present investigation is not proper, without result and in the circumstance investigation is to be entrusted to a better, expert agency. I have heard learned Public Prosecutor and the standing counsel for the CBI. I have W.P(C).No.8407 of 2011 -: 2 :- also perused statement filed by the Deputy Superintendent of Police, CBCID, H&H Wing II, Ernakulam which is presently investigating the case. 2. It appears to me that it is not very much in dispute that it is a case of homicide. In the statement above referred it is stated that body of the deceased was found with only an underskirt on it, about 12ms away from the bathing ghat. A piece of soap was found in the soap dish at the bathing ghat. The postmortem examination revealed that death was due to drowning. From the materials collected the investigating officer appears to have formed the opinion that it was a case of murder. But, in spite of questioning so many witnesses and subjecting atleast one of them to Polygraph test it appears that no result could be obtained. It is also stated in the statement of the Dy.S.P that nail clippings collected from the deceased were subjected to examination at the FSL but, only dirt was detected from the nail clips. It is stated that one Hamsa was subjected to Polygraph examination and its report is awaited. Only after examination of the report of the FSL on the Polygraph test of Hamsa, complexity if any of the said suspect could be ascertained. 3. It is seen from the statement that investigation is W.P(C).No.8407 of 2011 -: 3 :- continuing. But the officer investigating the case must bear in mind that the incident occurred on March 11, 2009 and any delay in the investigation, whatever be the reason thereof would only go to the advantage of the culprit. Therefore it must be ensured that the investigation is expedited while of course every aspect of the matter is to be looked into. At this stage, I am not inclined to think that investigation must change hands. For, if that is done it might affect the investigation in that continuity of investigation will be lost. At the same time the investigating agency shall take all earnest efforts to book the culprit. Having regard to the circumstances stated above, I am inclined to think that a change of investigating agency at this stage would only do harm than good. 4. The Investigating agency is directed to expedite its proceeding. Having regard to the circumstances stated, it is directed that the Superintendent of Police, CBCID, H&H Wing, Ernakulam shall supervise and monitor the investigation being conducted by the Deputy Superintendent of Police. Necessary orders in that regard shall be issued to the ADGP, Crimes within two weeks from the date of receipt of a copy of this judgment which shall be made available to him by the petitioner. W.P(C).No.8407 of 2011 -: 4 :- This petition is disposed of with the above directions and without prejudice to the right of petitioner to approach this Court at a later stage, if circumstances warranted that. (THOMAS P JOSEPH, JUDGE) Sbna/- /True Copy/ P.A to Judge