Kerala High Court
Peethambaran B vs State Of Kerala on 2 November, 2013
Author: K.Ramakrishnan
Bench: K.Ramakrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN
MONDAY, THE 24TH DAY OF FEBRUARY 2014/5TH PHALGUNA, 1935
WP(C).No. 32077 of 2013 (H)
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PETITIONER(S):
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1. PEETHAMBARAN B.
GOKULAM, PATTALA, VANCHIYOOR P.O,
ALANCODE, ATTINGAL, THIRUVANANTHAPURAM.
2. SHINE P.S,
GOKULAM, VALIYAKUNNU, NEAR POLYTECHINIC,
ATTINGAL P.O, THIRUVANANTHAPURAM.
BY ADV. SRI.GEORGE ZACHARIAH ERUTHICKEL
RESPONDENT(S):
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1. STATE OF KERALA,
REPRESENTED BY THE PRINCIPAL SECRETARY TO
THE MINISTRY OF HOME,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695001.
2. DIRECTOR GENERAL OF POLICE,
GOVERNMENT OF KERALA,
VAZHUTHAKKADU THIRUVANANTHAPURAM-695001.
3. ADDITIONAL INSPECTOR GENERAL OF POLICE,
OFFICE OF D.I .G, VAZHUTHAKKADU,THIRUVANANTHAPURAM-695001.
4. SUPERINTENDENT OF POLICE,
THIRUVANANTHAPURAM RURAL-695002.
5. DEPUTY SUPERINTENDENT OF POLICE, ATTINGAL,
THIRUVANANTHAPURAM-695010.
6. CIRCLE INSPECTIOR OF POLICE,
ATTINGAL, THIRUVANANTHAPURAM-695010.
7. SUB INSPECTOR OF POLICE, ATTINGAL,
THIRUVANANTHAPURAM-695010.
PJ
...2/-
..2..
WP(C).No. 32077 of 2013 (H)
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8. THE KERALA STATE POLICE COMPLAINTS AUTHORITY,
T C XV/1402, TAGORE NAGAR,
LANE-2, VAZHUTHAKKADU,T HIRUVANANTHAPURAM 14.
9. THE CENTRAL BUREAU OF INVESTIGATION,
REPRESENTED BY SUPERINTENDENT OF POLICE, NEW DELHI-110011.
10. CRIME BRANCH OF KERALA POLICE,
REPRESENTED BY ITS
ADDITIONAL DIRECTOR GENERAL OF POLICE-695001.
R1 TO 8,10 BY ADV. GOVERNMENT PLEADER
R9 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24-02-2014, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
PJ
WP(C).No. 32077 of 2013 (H)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXHIBIT P1 TRUE COPY OF THE REFERENCE NOTE ISSUED FROM GOKULAM
MEDICAL COLLEGE TO THE MEDICAL COLLEGE
HOSPITAL,THIRUVANANTHAPURAM
EXHIBIT P2 THE TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE
MEDICAL COLLEGE EXHIBIT P2 THE TRUE COPY OF THE DISCHARGE
SUMMARY ISSUED FROM THE MEDICAL COLLEGE
HOSPITAL,THIRUVANANTHAPURAM,WHICH INTERLIA SPEAKS ABOUT
THE CAUSE OF PHYSICAL INJURIES SUFFERED BY THE 2ND
PETITIONER AS DUE TO ASSAULT BY POLICE AT ATTINGAL POLICE
STATION
EXHIBIT P3 THE TRUE COPY OF THE TREATMENT CERTIFICATE ISSUED FROM
THE MEDICAL COLLEGE HOSPITAL,THIRUVANANTHAPURAM WHICH
EXPLAINS THE REPORT OF DIAGNOSIS OF THE INJURIES CAUSED TO
THE 2ND PETITIONER
EXHIBIT P4 THE TRUE COPY OF THE TREATMENT CERTIFICATE,ISSUED FROM
THE GOVERNMENT AYURVEDA COLLEGE
HOSPITAL,THIRUVANANTHAPURAM,WHICH EXPLAINS THE ILLNESS
FOR WHICH TREATMENTS WERE PROVIDED TO THE 2ND PETITIONER
EXHIBIT P5 TRUE COPY OF THE COMPLAINT MADE BY THE 2ND PETITIONER
BEFORE RESPONDENT NO 1
EXHIBIT P6 COPY OF THE NEWS PAPER REPORTS,REGARDING THE ASSAULT
AGAINST THE 2ND PETITIONER WHICH APPEARED IN THE DAILY
KERALA KAUMUDI AND DESABHIMANI DATED 02-11-2013
EXHIBIT P7 COPY OF THE REPORT ON C.T.SCAN CONDUCTED FOR THE 2ND
PETITOINER WHICH IS ISSUED FROM THE DEPARTMENT OF RADIO
DIAGNOSIS, MEDICAL COLLEGE, THIRUVANANTHAPURAM
EXHIBIT P8 COPY OF THE REPORT ON M.R.I.SCAN, CONDUCTED FOR THE 2ND
PETITIONER, WHICH IS ISSUED FROM THE DEPARTMENT OF RADIO
DIAGNOSIS, MEDICAL COLLEGE THIRUVANANTHAPURAM
EXHIBIT P9 COPY OF THE NERVE CONDUCTION STUDY OF THE 2ND PETITIONER
TITLED AS MOTOR NERVE CONDUCTION, ISSUED FROM THE MEDICAL
COLLEGE HOSPITAL, THIRUVANANTHAPURAM
EXHIBIT P10 TREATMENT CERTIFICATE ISSUED FROM GOVERNMENT AYURVEDA
HOSPITAL THIRUVANANTHAPURAM
PJ
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..2..
WP(C).No. 32077 of 2013 (H)
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EXHIBIT P11 COPY OF THE DISCHARGE CARD, ISSUED FROM GOVERNMENT
AYURVEDA HOSPITAL, THIRUVANANTHAPURAM.
RESPONDENT(S)' EXHIBITS
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NIL.
/ TRUE COPY /
P.S. TO JUDGE
PJ
K. Ramakrishnan, J.
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W.P.(C).No.32077 of 2013
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Dated this, the 24th day of February, 2014.
J U D G M E N T
This is an application filed by the petitioners seeking the intervention of this court in respect of investigation in connection with Crime.No.1231/13 of Attingal Police Station under Sections. 279 and 185 of Indian Penal Code and under Article 226 of Constitution of India.
2. It is alleged in the petition that the first petitioner is the mentally hurt father of the second petitioner and the second petitioner is a youngster of 30 years old, who was brutally man handled at Attingal and Varkkala Police Stations on the night of 28.10.2013 and consequently suffered severe physical difficulties. It is alleged in the petition that the second petitioner is residing along with his wife and child in a rented house, at a distance of 3 Kms from his parental house, where the first petitioner is residing. He was asked by the Sub Inspector of Police, Attingal to stop his vehicle with No.KL-16E 2348 while driving from Mamath, Attingal, and when stopped, the police inspector along with a police constable, caught him W.P.(C).No.32077 of 2013 : 2 : and took him in a police jeep and thereafter, brought to Attingal Police Station. On reaching the police station, the Sub Inspector of Police, Attingal, who is shown as 7th respondent, brutally attacked him and caused severe injuries on him, the other police officers also attacked him. Thereafter, he was taken to Varkkala police station, illegally detained there and from there also he was assaulted. On 29.10.2013, at about 9.00 a.m, when first petitioner, his wife and father in law of the second petitioner, went to Attingal police station to enquire about the missing of the second petitioner and went there to lodge a complaint regarding the same, at that time, they were shocked to see the second petitioner in the police station with his hands and legs tied up and in a hanging position inside the Lock-up room. Since his mobile phone was taken by the police, they did not even permit him to contact his relatives. Thereafter, he was released on bail at 10.00 p.m in the night, and treated at Gokulam Medical College for his injuries. Thereafter, he was taken to Medical College hospital, Trivandrum, for treatment evidenced by Exts.P1, P2, P3 & P4. Thereafter, though he made complaints to the authorities and the news has come in the news paper, no action was taken W.P.(C).No.32077 of 2013 : 3 : either against the offending police officers either departmentally or otherwise. Though, it was handed over to crime detachment, but, the petitioners were not satisfied with the same and so they want the investigation to be conducted by either Central Bureau of Investigation or by a special team of Crime Branch. Hence the petition is filed by the petitioners seeking the following relief:
"To Issue a writ of Mandamus, commanding, and directing respondent nos.1 to 5 to register the crime basing on the subject matter of Exhibit P5 Complaint, and thereafter to hand over investigation over such FIR to be registered, either to the 9th Respondent, Central Bureau of Investigation or to a Special Team, by constituting the same, of the Crime Branch, the 10th Respondent."
3. Earlier 4th respondent filed a statement stating as follows:
"It is submitted that the above Writ Petition is filed by Sri.Peethambaran.B., Gokulam, Pattala, Vanchiyoor P.O., Alamcode, Attingal, Thiruvananthapuram before the Hon'ble High Court with a prayer to issue an order directing the Government and the higher authorities to register a Crime Case on the basis of a complaint filed by the Petitioner stating that his son Sri.Shine P.S. Was brutally manhandled by the Attingal Police, especially by the Inspector of police and Sub Inspector of Police Attingal. The Petitioner further prayed for a direction to hand over the investigation of the above case either CBI or a Special team of the Crime Branch, since the alleged person above case are higher police officers.
Based on the Intelligence Input on the above allegation, Inspector General of Police vide his Order W.P.(C).No.32077 of 2013 : 4 : No.247/CAMP/IGP/TR/13 dated 20.11.2013, direction was issued to the District Police Chief, Thiruvananthapuram Rural to conduct enquiry to take necessary action and report immediately. Thereafter the District Police Chief vide his letter No464/CAMP/13 forwarded the above reference to the Deputy Superintendent of Police, Narcotic Cell, Thiruvananthapuram Rural with direction for conducting enquiry and report.
Immediately on getting the above reference I conducted a detailed enquiry on the subject matter. During the course of enquiry I have examined Sri. Shine, the petitioner's son in the Writ Petition, and various other witnesses including the Sub Inspector of Police and other Police Officers who were on duty on 28.10.2013 at Attingal Police Station and Varkala Police Station. I also examined certain records related with alleged incident, viz.the Station GD, The Sentry Relief Book etc of the Attingal Police Station and the Varkala Police Station.
On enquiry the following facts are revealed 28.10.2013 while Mr.Siju.K.L.Nair, SHO of Attingal Police Station along with CPO 3953 Dinor and CPO 2257 Sunilkumar were conducting vehicle checking in the NH Road at Mamam, that is about KM South of Attingal Police Station, a Maruti car, bearing Register No.KL-16-E-2348 driven by the Petitioner's son Mr.Shine was stopped by the police party at about 8 P M. However, Mr.Shine did not stop the vehicle at the point where the police showed the signal. But he stopped the vehicle about 50 meters ahead. When the police party checked Mr.Shine, it was found that he was being drunken and under the influence of alcohol. Hence the SI and Police party took him in to custody and his vehicle was taken to the Attingal police Station. When the licence was asked by the police, he informed that it was in his car. Thereafter the police party recovered a small packet containing about 100 grams white powder in the dash box. When the police enquired about the above white powder, Mr.Shine informed them that he is quite unaware about the presence of the above white powder recovered from his car. The Police has a suspicion that the above white powder may be an item of narcotic drug. It is said that one CPO 2222 Mr.Sreejith working at Ayiroor Police Station, but residing with the jurisdiction of Varkala Police station can identified any types of narcotic drugs.
Thereafter Mr.Siju K.L.Nair, SI of Police Attingal went to Varkala Police Station along with the COP 3953 Dinor, CPO 2257 Sunilkumar and Mr.Shine to confirm the genuineness of the white powder recovered from the car. In the meantime Mr.M.I.Shaji, Inspector of Police Attingal also reached at W.P.(C).No.32077 of 2013 : 5 : Varkala Police station after collating the said CPO 2222 Sreejith from his residence. After examining the above powder it was disclosed that, it does not belongs any type narcotic drugs. The police party, thereafter, returned to Attingal Police Station the same day night itself along with Mr.Shine and kept him there. On 29.10.2013 at 04.30 Hrs Siju K.L.Nair, SHO Attingal Police Station, registered a case as Crime No.1231/13 U/s 279IPC and 185 of MV Act against Mr.Shine at Attingal Police Station. On the allegation that he was found under the influence of alcohol while he was driven his car bearing Reg:No:KL-16-E-2348 at Mamam.
Enquity further revealed that the arrest of Mr.Shine at about 8 PM on 28.10.2013 was not properly accounted for and even no entry is made in the sentry relief book or any other records maintained in the Attingal Police Station, except the Station General Diary. It was further disclosed that Mr.M.I.Shaji, Inspector of Police Attingal, Siju K.L.Nair, Sub Inspector of police Attingal and CPO 3953 Dinor, CPO 2257 Sunilkumar had assaulted Mr.Shine while questioning him at Attingal Police Station and also at Varkala Police Station. As per the Treatment Certificate issued from the Medial College Hospital, Thiruvananthapuram, it is evident that Mr.Shine has not sustained any serious injury but only abrasion on right and left shoulders and pain on right wrist. In the Xray report there was no fracture in any bones, cervical spine etc. But he has the complaint of straightening and expressed pain while lifting his hands.
Hence a detailed report against (1) Shri.M.I.Shaji, Inspector of Police Attingal (2) Mr.Siju K.L.Nair, SI of Police Attingal (3) CPO 3953 Dinor (4) CPO 2257 Sunilkumar, about their alleged assault to Mr.Shine and also their dereliction of duty not accounting the arrest of Mr.Shine at 20.00 Hrs on 28.10.2013 to 04.30 Hrs on 29.10.2013 and about their misconduct was forwarded to Inspector General of Police Southern Range through the District Police Chief for appropriate action."
4. The petitioners thereafter filed I.A.1983/14 showing the nature of injuries sustained by the second petitioner and the inaction on the part of the police. When this court directed the 4th respondent to file further statement regarding the stage W.P.(C).No.32077 of 2013 : 6 : of the investigation and nature of investigation conducted on the basis of the allegations in the application filed by the petitioner, they filed an additional statement which reads as follows:
"This statement is filed in continuation to the earlier statement filed by the 4th respondent on 15.01.2014 as directed by this Hon'ble Court on 10.02.2014. It is submitted that the above Writ Petition is filed by Sri. Peethambaran.B., Gokulam, Pattala, Vanchiyoor P.O., Alamcode, Attingal, Thiruvananthapuram before the Hon'ble High Court with a prayer to issue an order directing the Government and the higher authorities to register a Crime Case on the basis of a complaint filed by the Petitioner stating that his son Sri.Shine P.S. was brutally manhandled by the Attingal Police, especially by the Inspector of police and Sub Inspector of Police Attingal.
It is respectfully submitted that after the filing of the statement, an IA was filed by the petitioner and on 10.02.02014, this Hon'ble Court was pleased to direct the Government Pleader to file his remarks in respect of the allegations in IA 1983/14.
The main prayer in the IA is that to issue a direction to the Medical Superintendent, Medical College, Harippad to produce the original case sheets pertaining to the 2nd petitioner. The petitioner has also produced certain medical reports in order to prove their allegations.
The 4th respondent in this Writ Petition has already filed a statement. It is respectfully submitted that a crime has been registered by the Attingal Police against the Sub Inspector of Police and Inspector of Police, Attingal as Crime No.169/2014.
As per the Police Headquarters circular No.22/2013 dated 4.8.2013, the cases other than traffic accident cases in which police officers of and above the rank of Inspector of Police figured as accused except petitions ordered by court under Sec.156(3) of Cr.P, the above cases will be transferred to CBCID at the earliest. Accordingly, the above said crime has been transferred to CBCID. A true copy of the proceedings of the Additional Director General of Police, Crime dated 10.02.2014 is produced herewith and marked as Annexure R4(a).
It is further submitted that the departmental proceedings W.P.(C).No.32077 of 2013 : 7 : have been initiated against the Circle Inspector and Sub Inspector of Police and in the phase the Circle Inspector of Police, Attingal (1st accused) has been transferred to Police Headquarters vide DGO No.180/14 dated 28.01.2014 and the Sub Inspectors of Plice, Attingal is already transferred to Kadakavoor Police Station in connection with the same incident.
Regarding the allegations in the IA, the 4th respondent has already filed a detailed statement. It is also submitted that the department has taken the issue as a serious one and continuing investigation in the matter."
5. On getting the additional statement, the Counsel for the petitioners submitted that even now the petitioners were not satisfied with the manner in which the investigation is likely to be conducted by the Crime Branch. According to him, no action has been taken against the erring police officers departmentally as well. The learned State Public Prosecutor submitted that the erring officers have been transferred from that place and departmental action is initiated. It is true that parties may have their own apprehension, if the investigation is not being conducted in the manner in which they wanted to proceed. But, it is settled law that this court is not expected to issue any mandamus to the police department as to how the investigation has to be conducted or by whom it has to be conducted in the initial stages. If the court is satisfied that the investigation is not conducted by proper officials and parties may not get justice at their hands, probably this court may W.P.(C).No.32077 of 2013 : 8 : invoke the extraordinary power and direct the investigation to be conducted by a special team or by a particular agency including the Central Bureau of Investigation.
6. In this case considering the statements filed by the investigating agency that considering the nature of allegations made and the gravity of the offence as custodial harassment has been done to a victim, which has to be seriously viewed if the allegations are true, the investigation has been transferred to CBCID and they are now going to conduct the investigation. Even in the prayer of the petitioner in the petition was that either it will have to be transferred to CBCID or a special team under the Crime Branch or to the Central Bureau of Investigation. Considering the fact that the investigation has been now transferred to CBCID, the apprehension of the petitioner at this stage that they are also not going to conduct the investigation in the proper manner cannot be said to be genuine. The department has taken serious note of the incident and investigation is being conducted by a special agency namely CBCID in this regard. So, under the circumstances, this court feels that there is no further direction is required in this regard. But, it is left open to the petitioners W.P.(C).No.32077 of 2013 : 9 : to come to this court or before the concerned magistrate court as mentioned in Sakiri Vasu's Case reported in 2008 (1) KLT 724 by the Honourable Supreme Court for appropriate relief.
With the above direction and observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge