IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33533 of 2007(P)
1. MR.BASUDEV MANDAL,QUARTER NO.TYPE II/9
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DEPARTMENT OF HOME AFFAIRS,
3. DIRECTOR GENERAL OF POLICE
4. ADDITIONAL DIRECTOR GENERAL OF POLICE
5. CENTRAL BUREAU OF INVESTIGATION,
For Petitioner :SRI.DENU JOSEPH
For Respondent :SRI.S.SREEKUMAR, SC FOR CBI
The Hon'ble MR. Justice R.BASANT
Dated :10/12/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
W.P.(c)No. 33533 of 2007-P
-------------------------------------------------
Dated this the 10th day of December, 2008
JUDGMENT
The petitioner is the father of the deceased in Crime
No.667/05 registered initially at the Medical College Police
Station, Trivandrum, under the caption “man missing” (re-
numbered later as Crime No.738/05 of the Fort Police Station).
Investigation into that crime has subsequently been taken over
by the Special Investigation Group-I, CB CID, Trivandrum, and
that unit is now conducting the investigation. The crime has
been re-numbered as Crime No.128/CR/Tvpm/06.
2. To give broad outline of the case, one Shyamal
Mandal, a student of the Trivandrum Engineering College –
the son of the petitioner, was residing in the College hostel.
His parents were settled at Andaman Islands. On 13/10/05 he
informed his friend one Digambar that one Alok Biswas was
W.P.(c)No. 33533 of 2007-P
-: 2 :-
coming from Andaman Islands and he had to go to meet him.
Shyamal Mandal did not remember this Alok Biswas who claimed
to be an old classmate of his at school. Digambar allegedly
accompanied Shyamal Mandal when he was proceeding to see
Alok Biswas. But it appears that the deceased Shyamal Mandal
got a telephone call in his mobile phone from the said Alok
Biswas asking him to come alone and not take any other person
when he went to meet the said Alok Biswas. Thus, Shyamal
Mandal went alone to meet Alok Biswas at some place in
Trivandrum. He was not seen alive thereafter.
3. A complaint under the caption “man missing” was
lodged by his friend Digambar and the crime under the caption
“man missing” was registered at the Medical College Police
Station as Crime No.667/05. Investigation commenced. On
23/10/05 the dead body of the said Shyamal Mandal was found
at Thiruvallam. Investigation continued. Three accused
persons have now been arrayed. It is now believed that the 1st
accused – a person by name Deepak, is the one who
impersonated as Alok Biswas and came to Trivandrum to meet
the deceased. There are indications to show that the 2nd
W.P.(c)No. 33533 of 2007-P
-: 3 :-
accused had contacted the deceased Shyamal Mandal over the
telephone before the said Alok Biswas came to Trivandrum to
meet the deceased. It is also identified now that the 3rd accused
had sold the mobile phone which the deceased Shyamal Mandal
had with him at the time of his death. Thus, accused 1 to 3 have
been brought on the array of accused. Accused 2 and 3 have
already been arrested. They have now been granted bail by
default subject to conditions. Attempts to trace the 1st accused
has not borne fruits so far.
4. The unfortunate father of the deceased – the petitioner
herein – a retired school teacher, has come to this Court with a
prayer that investigation may now be handed over to more
competent and efficient hands which have the infrastructure to
conduct a full, complete, satisfactory and efficient investigation
into the crime. The petitioner complains, and already
information to that effect has been conveyed to the present
Investigators, that he had received telephone calls calling upon
him to hand over the amounts as ransom to secure the release of
his son after 13/10/05. Accused No.3 is stationed at Madras.
Accused No.2 is stationed at Andaman Island. The petitioner is
W.P.(c)No. 33533 of 2007-P
-: 4 :-
also a resident of Andaman Island. The 1st accused – one Deepak
by name, is stated to be a person from Nepal who has
connections in Andaman Island. It is submitted that the 1st
accused has connections and roots in other places in this country
including Delhi. According to the Investigators, the attempt to
crack the crime requires the arrest of the 1st accused. He has
not been arrested so far. All attempts made so far have not
borne fruits.
5. The petitioner has a further grievance that though an
account number had been furnished to him into which account
he was called upon to pay the ransom, no serious efforts have
been made by the Investigators to identify the said account and
the details of that account holder and his connections, if any,
with the criminals. As such, the petitioner has a grievance that
no effective investigation is now being undertaken. He prays
that the investigation may be entrusted to the CBI which has
better infrastructure and personnel to conduct a proper and
efficient investigation and to resolve the crime.
6. Notice was given to the learned Public Prosecutor. The
learned Public Prosecutor only submits that everything possible
W.P.(c)No. 33533 of 2007-P
-: 5 :-
is being done by the present Investigators. He does not dispute
the fact that the CBI may be having better infrastructure and
personnel to conduct a proper investigation and resolve the
crime. Appropriate orders may be passed by this Court, submits
the learned Public Prosecutor.
7. I have considered all the relevant circumstances. I do
not want to cast aspersions on the nature and quality of the
investigation conducted in this case though it cannot be vouched
that the investigation is sufficient. Suffice it to say that I am
satisfied that the investigation deserves to be entrusted to expert
hands which have the infrastructure to conduct such an
investigation which must be spread over Trivandrum, Madras,
Andaman Islans, Delhi and Nepal. The present Investigators, I
agree with the learned counsel for the petitioner, do not appear
to be in possession of infrastructure and personnel equal to the
challenge before them.
8. In these circumstances, I am satisfied that the prayer of
the petitioner can be accepted and a direction can be issued to
respondent No.5 to take over the investigation in this case and
continue the investigation.
W.P.(c)No. 33533 of 2007-P
-: 6 :-
9. In the result:
(a) This writ petition is allowed.
(b) The investigation into crime in the instant case
registered initially as Crime No.667/05 of the Medical College
Police Station and which is now being investigated by the
Special Investigation Group-I, CB CID, Trivandrum, as Crime
No.128/CR/Tvpm/06 shall hereafter be investigated by the 5th
respondent.
(c) Respondents 1 to 4 shall afford to the 5th respondent all
support and assistance for the proper conduct of the
investigation.
(d) Periodical reports shall be filed by the 5th respondent
before this Court to apprise this Court of the progress of the
investigation. Such report shall be filed bi-monthly and the first
of such report shall be filed before this Court on or before
28/2/2009. Call on that day.
Sd/-
(R. BASANT, JUDGE)
Nan/ //true copy// P.S. to Judge
W.P.(c)No. 33533 of 2007-P
-: 7 :-