Divine Retreat Centre vs State Of Kerala & Ors

3. The relevant facts, giving rise to this appeal, have been set out in the impugned judgment of the High Court but they have to be recapitulated in order to enable us to give our reasons for the findings which we will be arriving at on the interpretation.

4. This appeal by grant of special leave is directed by Divine Retreat Centre assailing the judgment and order dated 10.3.2006 of the High Court of Kerala rendered in Criminal M.C. No. 405 of 2006, directing investigation of Crime No. 381 of 2005 of Koratty Police Station to be taken away from the Investigating Officer and entrusting the same to a Special Investigation Team headed by Vinson M. Paul, I.P.S. Inspector General of Police, presently working as Managing Director of Kerala Police Housing Construction Corporation, Thiruvananthapuram. The High Court also directed the same authority to investigate/inquire into various other allegations leveled in an anonymous petition filed against Divine Retreat Centre. The impugned judgment and order arises out of the proceedings suo motu initiated by the Court on the basis of anonymous petition addressed to Justice Padmanabhan Nair.

5. The tell-tale facts disclosed from the record may have to be noted in some detail. One Mini Varghese, a female remand prisoner, sent a petition to the District Judge, Kozhikode, inter alia, alleging that while she was taking shelter in Divine Retreat Centre she had been subjected to molestation and exploitation and became pregnant from Father Jose Thadathil (later identified as Father Mathew Thadathil). When she came out of Centre to attend her sisters marriage she was implicated in a false theft case and lodged in the jail.

6. The District Judge having received the petition on 28.7.2005 forwarded the same to the concerned Magistrate on 9.8.2005 to do the needful. The Judicial Magistrate First Class, Koyilandi recorded the statement of the victim on 11.8.2005 and thereafter the matter was transferred to the Judicial Magistrate First Class, Chalakuddy. The learned Magistrate having received the records ordered investigation. A case was registered in Crime No. 381 of 2005 under Section 376(g) I.P.C. at Koratty Police Station.

7. For whatever reasons, the District Judge sent a copy of the petition received by him to the Registrar of Kerala High Court which was placed before Thankappan, J. who in turn directed complaint to be forwarded to the Superintendent of Police, Thrissur to cause an inquiry and if necessary to register a case and report to the Court. The Superintendent of Police as well as the Circle Inspector of Police (Investigating Officer) submitted their reports duly informing the Registry that a case has already been registered and was being investigated.

8. On 28.10.2005, District Judge, Kozhikode, addressed a letter to the Registrar General, High Court of Kerala enclosing anonymous Petition dated 26.10.2005 received by him addressed to Justice K. Padmanabhan Nair. The Petition was accompanied by photocopies of certain press reports and three Video C.Ds. In his covering letter, the District Judge referred to the facts leading to the registration of Crime No. 381 of 2005 on the file of Koratty Police Station on 31.8.2005 under Section 376(g) I.P.C. and further stated:

9. The matter was accordingly placed before Padmanabhan Nair, J. by the Registry who in turn directed the matter to be placed before the Registrar General for necessary action by his endorsement dated 21.12.2005.

13. The Registry in compliance with the directions so issued by the learned judge promptly registered a case in Criminal M.C. No. 405 of 2006 under Section 482 of the Code in which the persons against whom accusations were made have been duly impleaded as the respondents. The matter was listed for admission in the court on 10.2.2006 and was adjourned to 15.2.2006 for serving a notice upon the learned Director General of Prosecution (Public Prosecutor). The learned Judge heard the matter and reserved the case for order. The impugned order was passed on 10.3.2006.

38. One of the documents enclosed to the anonymous petition is a magazine by name Divine Voice published by the appellant. In one of the volumes published in June, 2005 the names of senior I.A.S and I.P.S officers were mentioned as the members of the Advisory Board; one such named officer is stated to have decided some matter in favour of the appellant. The High Court in writ petition (c) No. 22543/05 made some observations to the effect that the said officer was really associated with the appellant centre, the order passed by that officer in favour of the appellant is a nullity. Thereafter the name of that officer was deleted from the names of persons of the Advisory Board. Based on such vague and indefinite allegations the High Court gave the following directions without even issuing notice to the appellant:

10. The Special Investigation Team shall also enquire into the allegation of unnatural deaths stated in the petition. The team shall enquire as to whether a person by name Karyavelu worked in the burial ground and whether he died under mysterious circumstances. In any case was registered in connection with the death of Karyavelu the present stage of that investigation shall be verified and appropriate action taken. The Team shall also enquire whether there was a person by name Raju attached to the Retreat Centre and whether he died under suspicious circumstances. In case the team gets information regarding any cognizable offences, those matters shall also be investigated in accordance with law. From the above, we find that the High Court has merely quoted certain allegations made against the appellant and others and proceeded on the basis of those allegations made in the anonymous petition without forming any prima facie opinion with regard to those allegations.

PRINCIPLES OF NATURAL JUSTICE: WHETHER THE APPELLANT HAS NO LOCUS?

The appellant undoubtedly is aggrieved by the impugned order and, therefore, entitled to invoke the jurisdiction of this Court under Article 136 of the Constitution of India. The decisions in Janata Dal Vs. H.S. Chowdhary (supra) and Union of India & Anr. Vs.W.N. Chadha laying down the law that hearing to the accused is provided by the Code under specified circumstances are not relevant to decide the issue of locus in cases where challenge is to a judicial order under which institutions and/or persons connected therewith are subjected to inquiry and investigation.

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WHETHER THE ANONYMOUS PETITION IS TO BE TREATED AS PUBLIC INTEREST LITIGATION ?

56. In such view of the matter the suo motu action initiated cannot be treated as the one in public interest litigation.

THE IMPORTANCE OF ROSTER:

60. Institutions own reputation is a priceless treasure. History teaches us that the independence of the judiciary is jeopardized when courts become embroiled in the passions of the day and assume primary responsibility to resolve the issues which are otherwise not entrusted to it by adopting procedures which are otherwise not known.

63. For the aforesaid reasons, directions issued by the High Court constituting the Special Investigation Team to investigate into the allegations made in anonymous petition are set aside.

RELIEF

65. In the circumstances of the case, we direct the third respondent to make available the material gathered during the course of investigation in Crime No. 381 of 2005 to the Circle Inspector of Police, Chalakuddy (Investigating Officer) within two weeks from the date of the receipt of copy of this order. Thereafter, the Investigating Officer shall submit appropriate report in accordance with the provisions of the Code within four weeks before the Magistrate who shall consider the report to be so filed judicially in accordance with law.

66. We make it clear that we have not expressed any opinion whatsoever on the merits of the case.

67. Subject to the above directions the impugned order of the High Court is set aside. The appeal is accordingly allowed.

68. Since the question is one of general importance, we would direct the copies of this judgment should be sent to the High Courts in all the States.