MURUKESHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) In this application filed by the Petitioner (Murukeshan), in the above Writ Petition he seeks a direction to the 4th respondent i.e. Director, Central Bureau of Investigation ('CBI' for short) to submit a detailed report regarding the investigation so far conducted and produce the entire case diary. The petitioner alleges that there is a conscious attempt to suppress the involvement of two superior Police Officers behind the murder of the petitioner's younger brother Sampath.

(2.) This case popularly known as 'Sampath Murder Case' pertains to the brutal murder of one Sampath aged 26 years in the night of 29/03/2010 after he was taken into police custody on a suspicion that he was the prime accused in 'Sheela Murder Case'. In the above Writ Petition filed by the petitioner herein, it was conceded before this Court that Sampath was done away with as a result of continuous torture while in the custody of the State Police. As per judgment dated 25/05/2010 this Court entrusted the investigation with the CBI, mainly for the reason that it was not desirable that the State Police continues with the investigation of a case in which the accused persons are members of the State police. While disposing of the Writ Petition this Court inter alia directed as follows:

(3.) I have perused the Case Diary. Pursuant to the directions of this Court Sri. V. A. Mohan, Supdt. of Police, CBI, SCB, Thiruvananthapuram constituted an investigation team with one S. Unnikrishnan Nair, Inspector of Police, CBI, SCB, TVPM as the Chief Investigating Officer and one K. K. Rajan, Sub Inspector, S.P. Nair Constable and Loule Paul, Constable, as members. The above team has done excellent work. But eyebrows were raised at the higher level in the CBI when the Chief Investigating Officer sought permission to add to the array of accused two IPS Officers of the State Police. It appears that certain officers of the CBI got afflicted by the 'birds of the same feather syndrome' and started finding fault with the Chief Investigating Officer who was served with a few memo. There has even been an attempt to trivialise the goonda intrusion into the house of a member of the investigating team. The suspect officers may be their batch mates, former colleagues, training mates or the like. But while investigating a murder case, no such clanish considerations should weigh with any officer worth his name. The re - constitution of the investigation team by inducting one Haridath as the Chief Investigating Officer, naturally engendered a fear in the mind of the petitioner that some attempt was afoot to deflect the course of investigation. It is that fear which has necessitated this application.