IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 945 of 2010()
1. STATE OF KERALA REPRESENTED BY THE
... Petitioner
2. STATE OF KERALA REPRESENTED BY ITS
3. THE DISTRICT GENERAL OF POLICE,
4. THE ASST. DIRECTOR, POLICE ACADEMY,
Vs
1. MURUKESHAN, S/O.RAMAN, PARVATHY NIVAS,
... Respondent
2. THE DIRECTOR, CENTRAL BUREAU OF
3. KATHIYAYANI AMMA, W/O.LATE NALAKRISHNAN
4. RAMAN, S/O.ANGAPPAN, KARIPALIL HOUSE,
For Petitioner :GOVERNMENT PLEADER
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble the Chief Justice MR.J.CHELAMESWAR
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :11/06/2010
O R D E R
J.Chelameswar, CJ. & P.N.Ravindran, J.
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W.A.No.945 OF 2010
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Dated this the 11th day of June, 2010
JUDGMENT
J.Chelameswar, CJ.
This is an appeal preferred by the State of Kerala who
was the first respondent in W.P.(C)No.13426 of 2010. The
above mentioned writ petition was filed by a person whose
younger brother admittedly died in police custody on the night
of 29th March, 2010. The said deceased (one Sampath) was
admittedly taken into custody by the Tamil Nadu Police on
28.3.2010 at Coimbatore from the house of his sister.
Subsequently, the above mentioned Sampath died while he
still continued to be in police custody. It may not be necessary
for us to go into the full factual matrix which culminated in the
death of the above mentioned Sampath. The fact on record
remains that the death of Sampath created a great deal of
concern. A criminal case in this regard was registered. The
investigation is entrusted to a special team which headed by
the fourth appellant herein. Admittedly, the investigating team
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prima facie opined that 14 of the police personnel of the Kerala
Police are involved in the offence which resulted in the death of
the above mentioned Sampath.
2. Complaining that the investigation is not impartial
and police officers at a higher level than the 14 above
mentioned police personnel suspected are also involved in the
perpetration of the crime which led to the death of Sampath,
the instant writ petition came to be filed praying that the
investigation be entrusted to what is popularly known as C.B.I,
an investigating body functioning under the Delhi Special Police
Establishment Act, 1946. By the judgment under appeal, the
writ petition is disposed of with certain directions including a
direction to entrust the investigation of the Crime
No.259/CR/HHW-II/EKM/2010 to the C.B.I. The operative
portion of the judgment under appeal reads as follows:
“(a) The investigation of the Sampath murder
case (Crime No.251 of 2010) of Town North
Police Station, Palakkad and re-registered as
CB CID Crime No.259/CR/HHW-II/EKM/2010
shall be transferred to the C.B.I. for a
detailed, impartial and meaningful
investigation.
(b) The investigation files of the above case shall
be immediately handed over to
Superintendent of Police (SPE, C.B.I.,
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Thiruvananthapuram Branch) who shall
entrust the charge of investigation with one
or more officers of proven record. It shall be
within the discretion of the C.B.I. to conduct
a de novo investigation of the case or to
continue the investigation from the stage
where the Crime Branch Police had reached.
Every person directly or indirectly involved in
the custodial torture of Sampath, howsoever
high he may be, shall be brought to justice.
c) The state Government shall extend all
infrastructural and other facilities to the
officers of the C.B.I. investigating the above
case.
d) Entrustment of the investigation of “Sampath
murder case” with the C.B.I. shall not in any
way affect the proper, meaningful and
efficient investigation of “Sheela murder
case” and, if need be, the State Government
may entrust the investigation of that case
with an officer of unquestionable integrity
and having the proper investigation skills.”
The deceased Sampath was taken into custody on the suspicion
that he was involved in the murder of one Sheela who was
murdered on 23.3.2010 at Puthoor in Palakkad District. It
appears from the judgment under appeal that the above
mentioned Sheela is the sister of a senior officer in the State
Tourism Department. The very fact that a special investigating
team entrusted with the investigation of the crime resulting in
the death of the above mentioned Sampath prima facie opined
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that 14 of the police personnel of the State of Kerala are
required to be investigated itself in our view establishes that
there was something unusual about the crime, coupled with
the fact that admittedly the deceased Sampath was found to
have suffered 63 ante mortem injuries in his body enhances
the gravity of the crime.
3. There are allegations made by the petitioner that
some of the persons at a higher level either belonging to the
police department or other department of the State possibly
played a role in the inhuman treatment meted out to the
deceased Sampath. At this stage it remains only an allegation.
Whether there is any truth in such allegation or not is a matter
required to be investigated by an impartial body, not only in
the interest of reaching a just conclusion in the crime
registered against the death of the above mentioned Sampath
but also in the interest of the credibility of the system itself.
The very fact that none of the 14 suspected police personnel of
the State of Kerala have been apprehended so far
notwithstanding the fact that the incident occurred more than
two months back only goes to create further doubts regarding
the impartiality of the law enforcement process in so far as the
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above mentioned crime is concerned.
In the circumstances, we are in total agreement with
the conclusion reached by the learned Judge by the judgment
under appeal directing the investigation of Crime No.
259/CR/HHW-II/EKM/2010 be entrusted to C.B.I. At any rate,
we do not understand as to how the State of Kerala is an
aggrieved party by the said judgment. It is a different matter
that aggrieved by some of the observations made by the
judgment under appeal individuals aggrieved have already
approached this Court by appeals and those matters have
already admitted . But, we do not see any reason to admit this
appeal at the instance of the State of Kerala. The appeal is
therefore dismissed at the admission stage.
J.Chelameswar,
Chief Justice.
P.N.Ravindran,
Judge.
TKS