Kerala High Court
Roshan Jacob Oommen vs State Of Kerala
Author: A.M. Shaffique
Bench: A.M.Shaffique
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN
&
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
FRIDAY,THE 31ST DAY OF OCTOBER 2014/9TH KARTHIKA, 1936
WP(C).No. 24195 of 2014 (S)
-------------------------------------
PETITIONER(S):
-----------------------
ROSHAN JACOB OOMMEN, AGED 28 YEARS,
S/O. B.O.THOMAS, BIDG NO. 2625 B, AMULYA STREET,
KACHERIPADY, ERNAKULAM.
BY ADV. ROSHAN JACOB OOMMEN (PARTY-IN-PERSON)
RESPONDENT(S):
----------------------------
1. STATE OF KERALA,
REPRESENTED BY SECRETARY HOME DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. DIRECTOR GENERAL OF POLICE,
POLICE HEADQUARTERS, THIRUVANANTHAPURAM,
KERALA - 695 010.
3. CHAIRMAN,
POLICE COMPLAINTS AUTHORITY, TAGORE NAGAR, VAZHUTHAKAD,
THIRUVANANTHAPURAM - 695 014.
4. SHRI.E.S.SAMSON,
SUB INSPECTOR OF POLICE,
DISTRICT CRIME RECORDS BUREAU, REVENUE TOWER,
ERNAKULAM, KOCHI - 682 011.
5. SUNITHA,
CIVIL POLICE OFFICER,
THRIKKAKARA POLICE STATION - 682 030.
R1-R3 BY SENIOR GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
31-10-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
msv/
WP(C).No. 24195 of 2014 (S)
-----------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXT. P1 - TRUE COPY OF NEWS PAPER REPORT DATED 03.9.14 ALONG WITH
ENGLISH TRANSLATION.
EXT. P2 - TRUE COPY OF NEWS PAPER REPORT DATED 06.9.14 ALONG WITH
ENGLISH TRANSLATION.
EXT. P3 - TRUE COPY OF NEWS PAPER REPORT DATED 12.9.14 ALONG WITH
ENGLISH TRANSLATION.
EXT. P4 - TRUE COPY OF NEWS PAPER REPORT DATED 13.9.14 ALONG WITH
ENGLISH TRANSLATION.
EXT. P5 - TRUE COPY OF NEW PAPER REPORT DATED 4.9.14.
EXT. P6 - TRUE COPY OF THE CIRCULAR DATED 10.8.14.
EXT. P7 - TRUE COPY OF THE CIRCULAR DATED 10.9.14.
EXT. P8 - TRUE COPY OF NEW PAPER REPORT DATED 22.9.14.
EXT. P9 - TRUE COPY OF NEW PAPER REPORT DATED 5.10.14.
EXT. P10 - TRUE COPY OF NEW PAPER REPORT DATED 18.5.14.
EXT. P11 - TRUE COPY OF NEW PAPER REPORT DATED 26.2.14.
EXT. P12 - TRUE COPY OF THE STATE HUMAN RIGHT COMMISSION.
RESPONDENT(S)' EXHIBITS:
-----------------------------------------
NIL
//TRUE COPY//
P.S.TO JUDGE.
Msv/
ASHOK BHUSHAN, Ag.CJ & A.M.SHAFFIQUE, J.
-----------------------------------------------------------------------
W.P.(C). No. 24195 of 2014
-----------------------------------------------------------------------
Dated this the 31th day of October, 2014
J U D G M E N T
A.M. Shaffique, J This writ petition is filed as a public interest litigation seeking for a direction to respondents 1 and 2 to prosecute the officers who alleged to have committed custodial torture to a person by name Leeba. Further, relief sought for is to take contempt proceedings against respondents 4 and 5 for violating the Supreme Court decision in D.K. Basu v. State of Bengal [1997 KHC 245]. The petitioner also prays for directions to the second respondent to issue circular to avoid custodial torture against woman and for further direction to comply with the provisions of Kerala Police Act.
2. The petitioner, who is a practicing Advocate has approached this court as a party in person. He complains about the action of the police officers in torturing a lady in connection WP(C) No. 24195/14 2 with investigation of crime No.965 of 2014 of Cheranellur Police Station. It is alleged that Smt. Leeba Ratheesh who was working as a housemaid in the house of Dr. Harish, was taken into custody on the allegation that she was involved in stealing gold ornaments of around 15 sovereigns. A crime was registered and she was taken to police custody and thereafter remanded to judicial custody. It was inter alia contended that news paper reports and media reports indicated that she was tortured in violation of Human Rights. The petitioner, therefore, complains that the provisions of Code of Criminal Procedure and decision of Supreme Court has not been complied, after arrest of Smt. Leeba. Therefore, the petitioner sought for strict compliance of provisions of Kerala Police Act.
3. The second respondent has filed an affidavit inter alia stating that on receipt of information regarding the allegation of custodial torture, a preliminary investigation was conducted on the basis of instruction by Inspector General of Police, Kochi Range. Pending the said enquiry the fourth respondent, the Sub Inspector of Police, the fifth respondent, Woman Civil Police Officer Smt. Sunitha and Civil Police Officer Sreeji were suspended WP(C) No. 24195/14 3 on 18.9.2014. A detailed enquiry was conducted by Assistant commissioner of Police, Crime Detachment and reported that prima facie ground exists to proceed against the erring police officials and Crime No.1086 of 2014 has been registered at Cheranellur Police Station on 27.9.2014 under sections 294(b), 323, 324, 325, 342, 354 read with section 34 of Indian Penal Code. The police officers other than who were suspended by order dated 18.9.2014, against whom case has been registered, were also suspended with effect from 27.9.2014. The affidavit also states the names of officers who were suspended. Reply affidavit was filed producing newspaper reports and other materials to indicate the sad plight in which police officers are functioning in the State of Kerala.
4. In regard to the prayer for taking contempt proceedings is concerned, the victim herself has filed a contempt petition before this Court, in which petition, this Court has already issued notice.
5. Having regard to the nature of contentions urged in the public interest litigation, it is clear that police has already taken cognizance of the issue relating to custodial torture and the Police WP(C) No. 24195/14 4 Officials who are alleged to be involved has been suspended and the crime is under investigation. At this stage, we are not inclined to issue any particular direction in that regard. It is further evident that contempt proceedings has already initiated by the victim in which notice has been ordered by this Court. As far as the case projected by the petitioner, no further direction is required as prayed for when the law is well settled in regard to the formalities to be complied by Police Officers in the event of arrest and appropriate statutory provisions are available relating to the methodology to be followed by Police Officer. We do not think that any further direction is required to be issued.
6. Party in person insisted this court to pass directions with regard to functioning of Police in the State, highlighting various atrocities being committed by the Police. According to him, there are about 500 Policemen involved in various commission of offences which has to be taken note by this Court. It is not necessary for this court to issue any directions as prayed in the writ petition, since already action has been taken by the police, in accordance with law. Individual cases has to be investigated depending upon complaints, in accordance with law. That apart, WP(C) No. 24195/14 5 we do not find any reason to interfere with the investigation at this stage.
Accordingly the writ petition is dismissed.
Sd/-
ASHOK BHUSHAN, ACTING CHIEF JUSTICE Sd/-
A.M.SHAFFIQUE, JUDGE.
sou.
// True copy //