DIRECTOR CENTRAL BUREAU OF INVESTIGATION Vs. NIYAMAVEDI

JUDGEMENT

(1.) Investigation regarding Crime Nos. 225/94 and 246/94 of Police Station Vanchiyoor, Distt. Thiruvananthapuram, Kerala State in what has come to be known as the ISRO Espionage Case, were initially carried out by the State Police. On 3rd of December, 1994, at the request of the State of Kerala, investigation was entrusted to the Central Bureau of Investigation by the Government of India. Consequently, cases RC 10(S)/94 and RC 11(S)/94 were registered in SIC. II Branch of the Central Bureau of Investigation. On completion of investigation in RC 10(S)/94, a chargesheet has been filed before the Chief Judicial Magistrate, Ernakulam, Kerala on 17th of December, 1994. Investigation of cases RC 11(S)/94 is continuing.

(2.) After the entrustment of the investigation to the Central Bureau of Investigation on 3rd of December, 1994, and while the investigation was in progress, O. P. No. 17367 of 1994 was filed on 13-12-1994 in the High Court of Kerala by an organisation called Niyamavedi being public interest litigation, praying that the first respondent, Raman Srivastava, I.P.S., Inspector General of Police, Southern Zone, Kerala State, Trivandrum, be arrested by the Director, C.B.I., New Delhi for his alleged involvement in the said case and for a direction to the State of Kerala to suspend and remove the first respondent from service. A learned single Judge of the High Court dismissed the petition with the observation that the power of interference of the Court in the subject in hand at that stage was very limited. He also recorded the statement of the State Government to the effect that the Government had no interest in unduly defending or shielding any officer and that the Government would proceed in the matter only when report from the C.B.I., which is investigating in the case is received.

(3.) In appeal, a Division Bench of the Kerala High Court, after a detailed judgment, rightly dismissed the appeal holding that no Court has power to direct the investigating officer to include a person as an accused in the case while the investigation is in progress. The petitioners before us, who are the Director, C.B.I., Home Secretary, Ministery of Home Affairs, Director, Research and Analysis Wing and Director. Central Intelligence Bureau, however, have come before us asking for special leave to appeal from the appellate order of the Kerala High Court in view of certain observations which have been made by the Division Bench in the course of its order dismissing the appeal.