IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 23227 of 2008(M) -------------------------- PETITIONER: PETITIONER ------------------------- POURAVAKASA SAMRAKSHANA SAMITY, REPRESENTED BY ITS SECRETARY, M.K.THANKAPPAN, RESIDING AT MALYAMUNDAYIL, VELLATHOOVAL. P.O., KONNATHADI VILLAGE, UDUMBANCOLLA TALUK, IDUKKI. BY ADV. SRI.T.RAJASEKHARAN NAIR RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA, REP.BY ITS SECRETARY, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, CBCID, THODUPUZHA IDUKI. 4. THE DIRECTOR, CENTRAL BEUROU OF INVESTIGATION, OFFICE OF THE CBI, NEW DELHI. ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R4 GOVERNMENT PLEADER, SRI. S.U. NAZAR FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE POSTMORTEM CERTIFICATE ISSUED BY THE DIRECTORATE OF MEDICAL EDUCATION, KOTTAYAM MEDICAL COLLEGE. EXT.P2 TRUE COPY OF REPRESENTATION DT.22.11.2005 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENTS. EXT.P3 TRUE COPY OF JUDGMENT IN WP(C) 21155/2006 OF THIS COURT. /TRUE COPY/ R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 23227 of 2008 M - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of December, 2008 JUDGMENT The petitioner, who claims to be a social activist and the Secretary of the Pouravakasha Samrakshana Samithi in Idukki district, has come to this Court again on the second occasion complaining about inadequate investigation in two crimes, both of the Adimali police station, registered as Crimes 258 and 263 of 2008. 2. Facts of the case are disturbing. Within the jurisdiction of Adimali police station in river Periyar right leg of a human being was found on 27.7.2005. The matter was reported to the local police. Crime No. 258 of 2005 under Section 174 Cr.P.C. under the caption 'man missing' was registered. Within a week, on 2.8.2005, another human leg (left leg this time) was found floating and flowing in the river Periyar within the jurisdiction of Adimali police station. The next crime, Crime 263 of 2005 was registered again under Section 174 Cr.P.C. The local police W.P.C.No. 23227 of 2008 2 undertook the investigation. No tangible results were achieved. It was not even ascertained authentically whether the legs belonged to the same person or not. It is at that juncture that the petitioner came to this Court with W.P.C. 21155 of 2006. Interim directions were issued. As per the directions of this Court steps were taken to get the necessary sanction to get a DNA test conducted. The DNA test confirmed that the legs belonged to two different individuals and not the same person. The postmortem report indicated that the legs must have been severed from the body of the individual concerned by using some sharp and heavy object. While W.P.C. 21155 of 2006 was pending, it was reported to this Court that the investigation has been transferred to the C.B.C.I.D. This court was assured that the needful shall now be done as the Director General of Police has directed that the investigation must be conducted by a superior official – Deputy Superintendent of C.B.C.I.D., Thodupuzha. Accepting that submission, the writ petition was dismissed vide judgment dt. 3.12.2007. 3. The petitioner herein has come to this Court again with this petition on 31.7.2008. He complains that no investigation worth the W.P.C.No. 23227 of 2008 3 name has been conducted even after the judgment in the previous writ petition and that the investigation has not produced any tangible results. 4. Notice was ordered to the respondents. The Investigating Officer was directed to file a statement. Statement has been filed. The statement reveals that no significant progress whatsoever has been achieved in the investigation of these two crimes. It has not even been ascertained as to whom the legs belong. The statement filed by the Investigating Officer only reveals that steps have been taken to ascertain the details of missing persons and crimes registered in the neighbouring police stations of such persons missing. The police have not been able so far to identify the persons to whom these two legs belong, whether they be alive or not. 5. In the statement it is reported that steps will now have to be taken to ascertain the names and details of missing persons in the other neighbouring States from which the legs in question could have come through the river to the scene, where it was detected within the jurisdiction of Adimali police station. W.P.C.No. 23227 of 2008 4 6. I am not satisfied at all that a proper investigation has been conducted. Instances like this will erode the faith of the public in the investigating authorities in particular and the law and order situation in general. The police must take very serious note of the facts in these cases. Attempts must be made to ascertain the identity of the persons to whom the legs belonged. A serious, concerted, meaningful and efficient effort does not appear to have been undertaken. Of course, the learned Prosecutor explains that the Investigating Officer has done the needful. Yes, needful in the sense that the Investigating Officer appears to have endeavoured to make sure that he is not blamed and that all necessary formal steps have been taken. But I must express my dissatisfaction that results have not been produced in the investigation. Nay, a serious effort does not appear to have been undertaken. 7. What is the remedy? The learned counsel for the petitioner prays that the investigation may be handed over to the C.B.I. It may not be expedient or efficacious to direct investigation in all such cases to be handed over to the C.B.I. The difficulties of the C.B.I. in terms of want of infrastructure has got to be taken note of by this Court. The W.P.C.No. 23227 of 2008 5 public appear to have such faith in the investigation by the C.B.I. that frequent requests keep coming to this Court as soon as there is perception of an inadequate investigation. It will certainly be improper for the court to burden the C.B.I. with the responsibility to conduct all such investigations. Nor shall it advance the credentials or credibility of the State police if in every case this court is obliged to depend on the C.B.I. to conduct a proper investigation. 8. I do not assume that there is dearth of requisite investigative talents in the State police. What is required is a will which I significantly find lacking in this case also on the part of the police to acquit themselves creditably. The police force must have professional pride in its functioning. They must yearn for the satisfaction that everything that is possible by a prudent, efficient, determined and committed investigator has been done and performed in every case. They must know the faith and trust which ordinary citizens place on the police machinery. Faced with a problem an ordinary citizen does not even come to the court, but he rushes to the police station to secure justice. The police must realise their responsibility which arises W.P.C.No. 23227 of 2008 6 from such faith placed on them. It is not my intention to castigate the present Investigating Officer, but it must be said that a sufficient, determined and efficient investigation has not been undertaken in the case so far. I am, in these circumstances, satisfied that the jurisdiction under Article 226 of the Constitution deserves to be invoked to direct the superior officials of the police to ensure that a proper investigation is conducted. To ensure that this direction is followed, I am satisfied that appropriate directions can be issued by this Court. 9. This Writ Petition is in these circumstances allowed in part. There shall be a direction to the Head of the C.B.C.I.D. - Addl. Director General of Police (Crimes), to personally monitor the investigation and to issue appropriate directions from time to time to ensure that Crimes 258 and 263 of 2005 of Adimali Police Station are investigated properly. The Addl. Director General of Police (Crimes) shall monitor and shall submit bi-monthly reports to this Court after supervising and monitoring such investigation, the first of which report shall be submitted to this Court on or before 28.2.2009. It shall be open to the Addl. Director General of Police (Crimes) to entrust the W.P.C.No. 23227 of 2008 7 investigation to more competent hands or to any other special investigation group/team. Await the first report from the Addl. Director General of Police (Crimes) by 28.2.2009. Call on that day. 10. Issue copy of the judgment to the learned Prosecutor for immediate communication to the Addl. Director General of Police (Crimes). (R. BASANT) Judge tm