Andhra Pradesh High Court - Amravati
The vs Unknown on 20 June, 2022
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HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU
WRIT PETITION No.961 of 2021
ORDER:
The petitioner before this Court is the mother of the deceased young student of MBBS, who died under suspicious circumstances on 29.07.2019. She is complaining that the investigation into the unnatural death of her son is not proper or correct and the present Writ Petition is filed seeking a direction against respondents 3 and 4 and a further direction to transfer the records and files relating to the FIR No.220 of 2019 of Eluru Rural Police Station to the 5th respondent - CBI for fresh investigation.
This Court has heard Sri P.S.P. Suresh Kumar, learned counsel for the petitioner, learned Government Pleader for Home appearing for respondents 1 to 4 and the learned Standing Counsel for the 5th Respondent-Central Bureau of Investigation.
Learned counsel for the petitioner points out and argues vehemently that investigation is faulty and that it has been deliberately sidetracked to shield some influential people. He points out that the petitioner's family time and again addressed representations to the respondent-police to conduct proper investigation into the suspicious death of petitioner's son, but they have not done proper job at all. Learned counsel for the petitioner points out that the theory invented by the police that the petitioner's son committed suicide due to depression is 2 absolutely incorrect. The theory of 'cardiorespiratory arrest due to suicidal hanging' advanced by the police is also incorrect and that considering the physical height of the deceased they state that this is improbable that there would be a death by hanging from a cot in the room of the deceased. Learned counsel also argues that there are no marks on the neck of the deceased to support the cause of death. It is also pointed out that all the police reached the scene of offence at 4.30 p.m., but they did not register the case till late at night. Specific allegations are also made against the students of the college where the deceased was studying. It is stated that the deceased was harassed in the name of his caste. It is strongly urged that as the deceased belong to the Scheduled Caste, he was harassed by the upper caste people. The autopsy was also conducted after midnight hours in order to shield some of the people. Learned counsel draws the attention of this Court to the seizure of the mobile phone and the failure of the police to collect a report from the Forensic Science Laboratory for the last few years. He points out that till date the call data of the deceased's phone was not analyzed despite the fact that a number of telephone numbers were furnished to the police, which are also mentioned in the writ affidavit. The issue of ragging of the deceased is also highlighted by the learned counsel to argue that this angle was also not investigated. The issue of bank transactions, travel by the deceased with a girl, which were spelt out in the writ affidavit and the rejoinder 3 affidavit are also highlighted by the learned counsel. He points out that despite clear pleadings in this case in the writ affidavit, the counter affidavit is absolutely silent in many aspects. Learned counsel also points out that after the reply affidavit was filed in March, 2021 with details of bank transactions etc., still no further investigation was carried out. He draws the attention of this Court to para 9(J) of the reply affidavit to point out that specific data that is provided by the deponent. Learned counsel for the petitioner points out that even though this reply affidavit was filed in March, 2021 till date the police did not investigate any of the issues that are raised in para-9 of the reply affidavit including the issue of the deceased's travel to Visakhapatnam and Bangalore, height of the deceased, lack of marks on the neck, the physical disarray in the room, allegation against the senior students, phone calls, phone numbers or the bank statements. Learned counsel also points out that I.A.No.1 of 2022 was filed on 08.04.2022, which shows suspicious bank transactions and deposits of money / withdrawals of money. He also draws the attention of this Court to the travel bookings, boarding passes, hotel room bookings etc., which are annexed thereto. These were also not looked into, as per him.
Learned counsel for the petitioner, therefore, argues that the investigation conducted in this case is not at all proper or correct. He vehemently urges that the police are hand-in glove with some powerful people and to shield them the investigation 4 has been sidetracked. He points out that the grievance of the parents of the petitioner that they lost their young child should be addressed by the Court and the investigation should be handed over to an independent agency like the 5th respondent- CBI in line with the judgment cited by him i.e., Mahnderkar Amarnath v State of Telangana1 and Y.S.Sowbhagya v State of Andhra Pradesh2.
In reply to this, learned Government Pleader for Home relying upon the counter of the Sub-Inspector of Police argues that the investigation has progressed in a proper manner. The crime was registered, autopsy was conducted and seized material objects were also sent to the Forensic Science Laboratory for analysis but the FSL has not conducted the analysis or given a report with reference to the cell phone. As far as cause of death is concerned. It is argued that death is due to 'asphyxia' and that the Regional Forensic Science Laboratory, Vijayawada, opined that "No poisonous substance is found in body or in the visceral organs of the deceased". Learned Government Pleader for Home argues handing over the case to CBI is to be done in exceptional cases only as per the law. It is his contention that there are no facts in this case warranting handing over of the case to the CBI. He has argued that as the deceased failed in examination he was depressed and committed suicide thereafter. He argues that on mere 1 2021 LawSuit (TS) 593 2 2020 SCC OnLine AP 118 5 assumption a prayer is made for handing over the case to CBI etc. On behalf of the 5th respondent also a counter affidavit is filed. Learned standing counsel argued that the CBI did not have time to deal with in normal cases unless the same has any interstate or international ramifications or deal with corruptions of Government servants. It is submitted that the CBI is already overburdened with large number of Anti- Corruption cases investigation and that the CBI is not in a position to investigate the current case with its available manpower. Paragraph 6 and 7 of the counter affidavit are highlighted on this aspect. It is also submitted that case law on which they relied upon is extracted in the counter affidavit and that as per the settled law the entrustment to the CBI should be an exception rather than a rule. It is also submitted on facts that no case is made out to transfer the investigation. COURT:
The grievance of a bereaved parent who belongs to Scheduled Caste community and her quest for justice is the matter before this Court. The sum and substance of the issue involved in this case is that whether the life of a young man was ended by a voluntary hanging or not?
A few facts are starkingly clear and visible from the record:
(a) The deceased died on 29.07.2019.6
(b) The investigation is still in progress as on date of the hearing of this matter in April / May, 2022.
(c) As per the direction of the Court a photocopy of the Case Diary running into 145 pages was filed, which states that the investigation is in progress. On 30.07.2019 itself the then Investigating Officer mentions about the need to obtain "call details" of the deceased.
(d) The cell phone of the deceased was sent to the FSL, Mangalagiri, Guntur District on 29.07.2019, but from 29.07.2019 till date that is May / June 2022 the report from the APFSL is awaited.
CELL PHONE:
This is an issue strongly highlighted by the petitioner's counsel in this case. In the counter affidavit filed by the Sub- Inspector of Police dated 19.02.2021 it is mentioned in paragraph 10 that the cell phone of the deceased was sent to FSL, Mangalagiri to "unlock the same and to recover the data"
but as on date it is still pending. The Case Diary entry dated 20.10.2021 also states that the analysis report of FSL Mangalagiri is still due. During the course of hearing also the situation remained the same. This Court is unable to understand why it is taking so long for the call data in one phone to be analyzed by the Forensic Science Laboratory, which is located in Mangalagiri, (near to the office of the 2nd 7 respondent and not very far from the office of the other respondents 1, 3 and 4).
In the writ affidavit filed the mother of the deceased has given 13 cell phone numbers, which are mentioned in paragraph 12 of the Writ Affidavit. It is reiterated that they requested the police to investigate while these numbers were constantly appearing in the phone data. In the counter affidavit there is no answer to this issue. The same set of 13 phone numbers are reproduced in the reply affidavit. The writ affidavit was signed in January, 2021 and the reply affidavit was signed in March, 2021. The steps taken by the Investigating Officer with regard to these phone numbers is not visible either from the Court record or from the Case Diary. OTHER ISSUES: BANK RECORD / AIR TICKETS:
Apart from this, petitioner has stated on oath a number of issues with regard to some senior students ragging the deceased, abuse in the name of caste, money transfers, air travel and other issues. In the counter nothing is disclosed about the investigation on these lines. The bank statements of the deceased and the money transfers between the account of the deceased and other persons are also highlighted. Similarly, in I.A.No.1 of 2022 details are given about the travels to Bangalore, bookings of rooms; air tickets etc. Whether any investigation has been carried out on these aspects is also not borne out by the record.8
This Court is conscious of the fact that everything that the petitioner stated cannot be treated as the gospel truth and could be a result of agony/anguish. The fact, however, remains that the police have a duty i.e., both moral and statutory to investigate every angle in a crime. The issue raised by the aggrieved mother may be a cry of anguish but the fact remains that when specific data is provided the police have a duty to look into the same. If there is no truth in these allegations they should specifically come to that conclusion. But if the same provides even a slender lead they have a duty enjoined upon them by the law to follow up the said lead to its logical conclusion. The usage of cell phones and electronic means of communication, bank transfers of cash etc., leave a huge footprint or trail. The petitioner's parents made representations and through sworn affidavits before a court of law have brought out these issues but nothing seems to have been done by the police in these areas.
The most shocking aspect of this case is the fact that the FSL, Mangalagiri, has not yet furnished a report on the cell phone of the deceased, which is admittedly handed over to them. No steps were also taken by the Investigating Officer to follow up this matter and to get report from the FSL. It appears from the record that after handing over the cell phone no active / proactive steps were taken to secure the call data from the phone. This aspect is glaring and is also shocking. 9
This court does not wish to delve deeper into the issue. As per the settled law this Court cannot interfere in investigation, but at the same time it is clear that when the entire investigation has come to a dead halt for the ostensible reason that a report has not been obtained from the FSL, (which is very close to the Head Quarters of the Police and is quiet close to the offices of the other respondents). The power of this Court while exercising power under Article 226 to order further investigation etc., (including after the charge sheet is filed) is clear. The settled law need not be repeated here.
This Court however agrees with the submissions of the learned standing counsel for the CBI that there is no need to transfer this crime to them, but at the same time this court cannot be a silent spectator in the facts of this case. Delay in completing / concluding the investigation is a factor that is violative of Article 21 of the Constitution. Therefore, this court is of the opinion that there should be a positive direction to the 2nd respondent in particular to do the following:
a) Identify an officer of proven ability, integrity and good track record in investigation of cases and to entrust the entire further investigation of the crime / FIR No.220 of 2019 to the said officer. The officer shall be of a rank of Dy. Superintendent of Police or above.
If needed a special team of good investigators must be formed to investigate all the angles and to assist the said officer.
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b) The Director General of Police should also ensure that the further investigation that is so entrusted should be completed in a time bound manner and not later than six months from the date of receipt of a copy of this order.
c) All the issues / facts raised and mentioned in the writ affidavit, reply affidavit, additional affidavit i.e., I.A.No.1 of 2022 should be thoroughly probed / looked into.
d) If necessary, more man power should be delegated to assist the new officer for completing this investigation within the stipulated time.
e) The officers appointed for this investigation as mentioned in sub-para (a), and others who may be delegated should be kept free of all other duties so that they exclusively devote their time to the completion of the investigation in this case.
f) A report should be filed on 20th July, 2022 before this Court showing the progress of the investigation. The anguish of the parents appearing from the affidavits, who wished to see their young son break out of the shackles of his birth and to raise above the ranks should not be lost sight of. What happened in this young man's case i.e., such a delayed investigation, should not be repeated again. With this comment and as the directions are issued to the Director General of Police himself; list the Writ Petition for reporting the 11 progress. The parties are directed to act on the uploaded copy of the order to avoid delay. List the matter on 20.07.2022 for compliance.
__________________________ D.V.S.S.SOMAYAJULU, J Date:20.06.2022 Note: Issue CC in 1 day B/o Ssv