Kerala High Court
Praveenkumar.K vs The State Of Kerala on 26 August, 2020
Equivalent citations: AIRONLINE 2020 KER 601
Author: S. Manikumar
Bench: S.Manikumar, Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR.S.MANIKUMAR
&
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 26TH DAY OF AUGUST 2020 / 4TH BHADRA, 1942
WP(C).No.17529 OF 2020(S)
PETITIONER/S:
PRAVEENKUMAR.K
AGED 38 YEARS
S/O.K.P. KUTTAPPAN, RESIDING AT KALLORATHU HOUSE,
CHALAPPALLY P.O, EZHUMATTUR , PATHANAMTHITTA DISTRICT.
PIN-689 586
BY ADV. SRI.BABU PAUL
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY, HOME AFFAIRS DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM-695 001
2 THE DISTRICT COLLECTOR,
COLLECTORATE, PATHANAMTHITTA, PIN-689 645.
3 THE SUPERINTENDENT OF POLICE,
PATHANAMTHITTA DISTRICT, PIN-689 645
4 THE SECRETARY
CHITTAR GRAMA PANCHAYAT, CHITTAR, PIN-689 663
5 SHEEBA MOL,
W/O. LATE MATHAI P.P, PADINJARECHARUVIL HOUSE,
NEELIPILAVU, KUDAPPANAKKULAM, CHITTAR-PIN-689 663.
ADDL. R6 IMPLEADED
6 THE SUPERINTENDENT OF POLICE, CENTRAL BUREAU OF
INVESTIGATION, SPECIAL CRIME BRANCH,
THIRUVANANTHAPURAM, PIN: 695 008.
(ADDL.R6 IMPLEADED AS PER ORDER DATED 26.08.2020 IN I.A.
NO. 1/2020)
SR. GP SURIN GEORGE IPE FOR R1 TO R3,
SRI.K.SHAJ FOR R4,
SRI.MANU RAMACHANDRAN FOR R5,
SRI. SASTHAMANGALAM S.AJITHKUMAR, SC FOR CBI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No. 17529/2020 :2:
JUDGMENT
S. MANIKUMAR, CJ On 24.08.2020, we passed the following order:
"The question involved in the instant public interest litigation is that how long a dead body can be kept without burying/cremating even by the relatives of the deceased. The petitioner herein sought for the issuance of a writ of mandamus or such othe writ or order directing respondents 2 to 4 to take immediate steps for the burial of the body of Mathai.P.P. @ Ponnu, without further delay.
2. When this matter is taken up for consideration, this court's attention was drawn to a judgment rendered by a learned Single Judge in W.P.(C)No.16593 of 2020, filed by wife of late Mathai.P.P., wherein the court held as follows:
"4. The statement reveals that, though the crime was initially registered under Section 174 of Cr.P.C., offences punishable under Sections 342, 348, 364(A), 330, 304, 404, 465, 471, 201, 166, 167 and r.w.34 of the Indian Penal Code have since been incorporated. It is stated that around 60 witnesses were questioned a dummy test conducted and the investigation is progressing correctly. So far, no accused has been named or arrested. The reasons for not naming the accused and arresting the perpetrators at this stage, has been stated in the report submitted in the sealed cover.
5. Sri. Suman Chakravarthy, the learned Senior Government Pleader submits that, even though the investigation is progressing in the proper manner, the state has no objection in handing over the investigation to the CBI.
6. Sri. Manu Ramachandran, the learned counsel for the petitioner, submits that the statement is indicative of glaring flaws in the investigation and the very fact that no accused has been named till date and no arrest made, shows laxity on the part of the investigating officer.
7. The State having fairly submitted that it has no objection in W.P.(C) No. 17529/2020 :3: handing over the investigation to the CBI, which in fact is the relief sought in the writ petition, it would be inappropriate for this Court to make any comments on the investigation so far conducted, since it is for the new investigating agency to look into those aspects.
8. In view of the submission made on behalf of the State Government, respondents 1 and 2 are directed to take necessary steps to entrust the investigation in Crime No. 685/2020 of Chittar Police Station to the Central Bureau of Investigation forthwith.
9. I hope and expect that the Central Bureau of Investigation will take over the investigation immediately and do the needful through the sixth respondent to conduct a thorough investigation, so that justice is rendered to the family of the deceased. The writ petition is disposed of."
3. Today, learned Senior Government Pleader Sri.Surin George Ipe informed this court that pursuant to the abovesaid directions of the court, Government have issued orders on 21st August 2020 entrusting the investigation in Crime No. 685/2020 of Chittar Police Station to the Central Bureau of Investigation. To get further instructions in the matter, learned Senior Government Pleader seeks time.
4. Issue notice to respondents 4 and 5 by special messenger. Post on 26.8.2020."
2. Central Bureau of Investigation is a necessary and proper party and therefore, the petitioner has filed I.A. No. 1 of 2020 to implead Central Bureau of Investigation, Special Crime Branch, Thiruvananthapuram as additional 6th respondent.
3. Sri. Sasthamangalam S. Ajithkumar, learned Standing Counsel for the CBI, submitted that when W.P.(C) No. 16593 of 2020 was taken up for hearing, on the basis of the submission made on W.P.(C) No. 17529/2020 :4: behalf of the State Government that there was no objection for the State in handing over the investigation to CBI, respondent Nos. 1 and 2 therein were directed to take necessary steps to entrust the investigation in Crime No. 685 of 2020 of Chittar Police Station to the Central Bureau of Investigation forthwith.
4. Inviting the attention of this Court to Sections 5 and 6 of the Delhi Special Police Establishment Act, 1946, learned Standing Counsel for the CBI submitted that as per the statutory provision, to take up investigation by the Central Bureau of Investigation, there should be a request by the State Government or a direction or command from High Court.
5. When W.P.(C) No. 16593 of 2020 was disposed of, the writ court only expected the CBI to take over the investigation immediately and accordingly, directed to do the needful through the 6th respondent, the Superintendent of Police, Central Bureau of Investigation, Special Crime Branch, Thiruvananthapuram. Sri. Surin George Ipe, learned Special Government Pleader, has handed over a copy of the proceedings dated 24.08.2020 of the State Police Chief, Kerala, Thiruvananthapuram and submitted that pursuant to the judgment dated 21.08.2020 in W.P.(C) No. 16593 of 2020, the State Police Chief has directed the District Police Chief, Pathanamthitta to make immediate arrangements to hand over the case documents in W.P.(C) No. 17529/2020 :5: Cr. No. 685/2020 of Chittar Police Station to the Central Bureau of Investigation and report compliance. However, learned Senior Government Pleader is not in a position to state as to whether the Government of Kerala has made any request to the Central Bureau of Investigation to take up the investigation.
6. Fact remains that the State Police Chief, Kerala, Thiruvananthapuram, has issued proceedings dated 24.08.2020 and directed the District Police Chief, Pathanamthitta to make arrangements to hand over the case documents to the CBI. The said proceedings read thus:
"PROCEEDINGS OF THE STATE POLICE CHIEF, KERALA, THIRUVANANTHAPURAM Present: Loknath Behera IPS Sub: Transferring the investigation of Cr.No.685/2019 registered at Chittar Police Station to CBI-orders issued-reg.
Ref: 1) Judgment of Hon'ble High Court of Kerala dated 21.08.2020 on W.P.(C) No. 16593/2020
2) Crime No. 685/2019 registered at Chittar Police Station, PTA.
------------------------------------------------------------------------------ ORDER NO.T3-103615/2020/PHQ DATED: 24/08/2020 The Hon'ble High Court in the judgment read 1 st, ordered to entrust the investigation in Crime No. 685/2020 registered at Chittar Police Station, pertaining to the un-natural death of P.P. Mathai to the W.P.(C) No. 17529/2020 :6: Central Bureau of Investigation, upon considering the writ petition W.P.(C) No. 16593/2020 filed by the wife of victim, Smt. Sheeba Mol.
In the above circumstances, the District Police Chief, Pathanamthitta is hereby directed to make immediate arrangements to hand over the case documents in Cr.No. 685/2020 of Chittar Police Station to the Central Bureau of Investigation and report compliance.
sd/-
STATE POLICE CHIEF
7. While disposing of W.P.(C) No. 16593 of 2020, the State Government had already expressed that it has no objection in handing over the investigation to CBI and accordingly, steps have been taken. However, the only difficulty of the CBI to act upon the directions in the judgment dated 21.08.2020 in W.P.(C) No. 16593 of 2020 is that as on today, there is no request from the State Government to take up the investigation and that there was no positive direction in the judgment dated 21.08.2020 in W.P.(C) No. 16593 of 2020. In the light of the above, CBI is a just and proper party to the lis in W.P.(C) No. 17529 of 2020.
8. In the light of the above, we direct the Central Bureau of Investigation, Special Crime Branch, Thiruvananthapuram, as additional 6th respondent, and to take up the investigation.
9. Sri. Manu Ramachandran, learned counsel appearing for W.P.(C) No. 17529/2020 :7: respondent No.5 namely Smt. Sheenamol, W/O. Late Mathai, submitted that the 5th respondent has protested against the investigation conducted by the State Police and accordingly filed W.P. (C) No. 16593 of 2020 seeking the following reliefs:
1) To direct the 6th respondent or any other officer of Central Bureau of Investigation to take up the investigation of FIR in Crime No. 685/2020 of Chittar Police Station, Pathanamthitta.
2) To issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents 1 to 3 to transfer the investigation of FIR in Crime No. 685 of 2020 of Chittar Police Station, Pathanamthitta to Central Bureau of Investigation.
3) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 4 to consider and take appropriate measure in the aspects pointed out in Ext.P3 representation within a time frame fixed by this Hon'ble Court.
10. Respondent No. 5, wife of the deceased, is awaiting a detailed re-investigation into the death of late Mathai. Learned Standing Counsel for the Central Bureau of Investigation submitted that they require the body of late Mathai and as soon as the First Information Report is registered, investigation will be taken up and requisition will be made to the concerned to conduct re-postmortem of late Mathai.
11. It is informed that after conducting the first postmortem on 31.07.2020, the body of late Mathai is kept in Marthoma Medical Mission Hospital, Ranni, Pathanamthitta. As on today, nearly 26 days have passed and respondent No.5 and near relatives have not taken W.P.(C) No. 17529/2020 :8: the body till a detailed investigation is done by CBI.
12. Having regard to the grievance of the 5 th respondent, we direct that, on re-registration of FIR, the Central Bureau of Investigation, Special Crime Branch, Thiruvananthapuram, additional respondent No.6, shall make a request to the concerned forthwith, for conducting the re-postmortem of the body of Sri. Late Mathai and thereafter, take appropriate steps for re-postmortem of the body of late Mathai expeditiously, so as to release the body to the respondent No. 5 and near relatives for burial/cremation.
With the above directions, this writ petition is disposed of. Learned Standing Counsel for the CBI as well as the learned Special Government Pleader are directed to instruct the concerned respondents for speedy prompt action without awaiting for the copy of this judgment.
sd/-
S. MANIKUMAR, CHIEF JUSTICE.
sd/-
SHAJI P. CHALY, JUDGE.
Rv W.P.(C) No. 17529/2020 :9: APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE PRELIMINARY OFFENSE REPORT DT.
28.7.2020
EXHIBIT P1 (a) TRUE TRANSLATION OF EXT. P1.
EXHIBIT P2 TRUE COPY OF THE MAHAZAR DATED 28.7.2020.
EXHIBIT P2 (a) TRUE TRANSLATION OF EXT. P2.
EXHIBIT P3 THE TRUE COPY OF THE F.I.R DATED 28.7.2020
EXHIBIT P3 THE TRUE COPY OF THE F.I.R DATED 28.7.2020.
EXHIBIT P3 (a) TRUE TRANSLATION OF EXT. P3.
RESPONDENTS' EXHIBITS: NIL
/True Copy/
PS to Judge.
rv