MUHAMMED HANEEF K A Vs. STATE OF KERALA

JUDGEMENT

(1.) OVER the death of one Abdul Rahman, who met with an unnatural death in his residence, the petitioner is coming before this court the second time, seeking the exercise of its extraordinary jurisdiction, on both occasions, to direct the State Government to hand over the investigation of the crime registered on his death to the Central Bureau of Investigation.

(2.) HIS previous writ petition complaining latches and default on the investigating agency, State Police, to seek direction as aforesaid, after being considered on its merits with reference to the materials placed and also the stand taken by the State Government, was disposed by Ext.P3 judgment dated 22.02.2011. This court held that this is not a fit case to be handed over to the Central Bureau of Investigation for investigation having regard to the fact that the case "does not involve any national or international ramifications, and also that there is no reason to hold that the present investigating agency has not done their job in the proper manner so that the confidence of public in the investigation by the state police is eroded". While disposing that previous writ petition this court has given some directions for the constitution of a Special Police team for proper conducting of investigation of the crime with specific orders that the Additional Director General of Police (Crimes), Thiruvananathapuram, has to monitor such investigation. Within a week the State Government issued Ext.P4 notification handing over the investigation of the crime to the Central Bureau of Investigation, evidently, either ignoring Ext.P3 judgment or on the premise that it has no binding force on the State Government Ext.P4 notification was issued to entrust the investigation of the crime to the C.B.I. Immediately on issuing of Ext.P4 notification the C.B.I. responded with Ext.P5 reply stating that since it is understaffed and not having the resources to take up investigation of crimes of this nature it is unable to comply with the order of the State Government. Petitioner has thereupon filed the present writ petition for issuing a writ of mandamus or any other appropriate writ/direction/order to command the State Government to hand over the investigation of the crime to the C.B.I., and that agency to take up such investigation in compliance of Ext.P4 notification.

(3.) I make it clear that if the special team which is now conducting the investigation of the crime, monitored by the Additional Director General of Police (Crimes), is not doing its job, and and if circumstances are present sufficient enough to indicate that there is laxity in investigation, it is open to the petitioner to seek for appropriate directions/orders at the appropriate time. Subject to the reservation made above, the petition is dismissed.