MANIYERI MADHAVAN Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) The Special Leave Petition is directed against the order made in Cri. Misc. Petition No. 328 of 1988 before the High Court of Kerala. The respondent herein filed the said Cri. Misc. Petition against the officers of Cannanore Town Police and others alleging criminal assault on his printing press. In that petition he sought a direction to investigate into the matter by an impartial agency.

(2.) The short facts are Maniyeri Madhavan is a journalist and is the editor of newspaper by name Sudinam Evening Daily. He complained of an attack on person and property at the instance of the police officers of the State. The High Court in a writ petition filed by him considered it necessary that the Deputy Inspector General of Police, Northern Range, be directed to look into the complaint of the petitioner making a representation in that behalf. He approached this Court praying for an investigation by the C.B.I. This Court did not give the direction. However, a direction was given that instead of the Deputy Inspector General, Northern Range, Mr. M.G.A. Raman, Deputy Inspector General of Police, Central Range, would supervise the investigation. It was also directed that a case be registered on the basis of representation submitted by the petitioner to Mr. Raman and the investigation be completed within a period of two months from the date of the receipt of such representation. Pursuant to this order, the representation was made to Mr. Raman by the petitioner. Mr. Raman did not complete the investigation within the time frame. On 11-3-91 the Government of Kerala filed an application seeking extension of time and certain directions consequent upon Mr. Raman ceasing to be in charge of the investigation. At this stage, the petitioner moved this Court on 13-3-1992 praying that the earlier order entrusting the investigation to the State Police be withdrawn and the matter be investigated by the C.B.I. On 3-9-1992 this Court directed the Home Secretary to file an affidavit mentioning the stage of the investigation and also to specify the names of officers of the rank of Inspectors General of Police who could be entrusted with the investigation, if need arose. The Home Secretary ignored the order. He asked the Under Secretary to file an affidavit. This Court took serious notice of this and passed the following order.

(3.) Regarding the grievance of the petitioner it was ordered thus: