JYOTI NAIR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition, initially taken up for hearing on I.A.No.02/2021 for interim relief wherein the petitioner has prayed for direction to the state police authorities to retrieve the call records of the respondent No.8 and 9 and of the five persons arrested in connection with murder of late Vishwanath Nair and stay the investigation carried out by the state police authorities, has been preferred seeking an appropriate writ/order/direction to transfer the investigation of murder case of late Vishwanath Nair to an independent agency like that of CBI and investigate the matter as also for any other relief, which this Hon'ble Court deems fit in the facts and circumstances of the case.

(2.) Brief and necessary facts of the case, as projected in the writ petition, are that late Vishwanath Nair, who was the nephew of late Smt. Sashi Prabha Devi, wife of Shri Vishwaraj Singh, also famously known as Rajmata of princely State of Kawardha (C.G.), was also an MLA from Kawardha constituency during the period 1977 to 1980 from Akhil Bharti Ram Rajya Parishad and from 1985 to 1990 from Indian National Congress. Rajmata was a highly influential and political personality having crores of rupees property in the Kawardha district. Rajmata has two daughters and one son (respondent No.8.). It is stated in the writ petition that there were major differences between Rajmata and her son and she (Rajmata) was quite close to her nephew, deceased Vishwanath Nair. Rajmata had also executed a Will (Annexure P/l) wherein she has transferred all her property to both the daughters, nephew deceased Vishwanath and no share was given in property to her son - respondent No.8. After the death of Rajmata, her daughters also reposed the same faith on late Vishwanath Nair for managing and administering not only their properties but also of Rajmata. This closeness of late Vishwanath Nair with Rajmata and her daughters was hurting respondent No.8 and caused anguish and hatred in his heart and before the murder of Vishwanath Nair, he (respondent No.8) threatened him of dire consequences. It is also stated in the writ petition that on unfortunate night of 27/8/2021, while Vishwanath Nair was asleep in the farmhouse situated at Indori in Kabirdham, he was brutally murdered.

(3.) It has been further stated in the petition that during investigation, the petitioners have informed about the animosity between deceased and respondent No.8 and 9 but no investigation has been conducted by the police authority from this perspective and there are many lacunas in the investigation just to shield the real culprit. The petitioners have been telling the investigating authorities to procure the call details of the arrested accused and the private respondents as they suspect it to be a case of contract killing, however, the same has fallen into the deaf hear of police authorities. The Doctor conducting postmortem of deceased gave his report opining that two weapons were used (i) blunt and heavy object and (ii) a sharp and heavy object like butcher's knife to stab the deceased nine times on the head, and the same was also evident from the visuals of the wounds. It has been alleged in the petition that postmortem report does not mention the use of sharp weapon or the number of stabs on the head and upon inquiring from the doctor as to why the use of sharp weapon is not mentioned in the autopsy report, they informed that since the police authorities told that the murder weapon was a rod, therefore, they made the report accordingly. It has been also pointed out that the police authority, without making a seizure memo of the car and keys of farm house, returned the same to the petitioners just a day after the incident, which was an important article for collecting evidence and obtaining the fingerprints. The weapon of offence, according to the investigating authority, was found in the car of deceased but no fingerprint was obtained from inside the car as well as from the farmhouse of the deceased. Repeated request was made by the petitioners to freeze the crime scene, but the police authorities did not stop the villagers from entering the premises leading to destruction of substantial evidence. It is also stated in the petition that despite repeated request of the petitioners no call records of deceased Vishwanath Nair have been retrieved by the police from the telecom company, who keeps the data for a short while only. It has been further stated in the petition that the respondent Nos. 8 and 9 are very influential persons of Kawardha district and they not only belong to the Kawardha Royal family but also an ex MLA of Kawardha Vidhan Sabha Constituency and, therefore, they have a strong hold and influence over the local police of that area and just to shield them the state police authorities are not conducting the investigation in a fair manner which is violative of Article 21 of the Constitution of India. Therefore, in order to conduct fair investigation in the matter, the petitioners has filed this petition to transfer the investigation of murder case of deceased Vishwanath Nair to an independent agency like C.B.I, and also prayed for retrieving call details of deceased and suspected accused persons from the telecom company, which is being kept by it for a short period.