ACHUTHANANDAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This interim application is filed by the petitioner in the above case. Originally in the Writ Petition, the petitioner sought for writ of mandamus directing the State of Kerala to hand over investigation of crime No. 59/11 of Kozhikode Town Police Station to Central Bureau of Investigation (CBI). By interim order dated 27-9-2011, the High Court in the above matter decided to monitor the progress of the investigation of the case.

(2.) The Special Investigation Team (hereinafter referred to as "SIT") filed a report after completion of the investigation. The report submitted by the SIT is kept in a sealed cover. According to the petitioner, as it forms part of the records of the High Court, Rule 85 read with 128 of Kerala High Court Rules provides entitlement of the petitioner to inspect the same and obtain copies of the said documents. In the absence of the records in question, not falling within the ambit of Rule 90 of the High Court Rules, the petitioner is entitled for copy of the records i.e., the report which would enable the petitioner to assist the High Court to a larger interest in arriving at a conclusion whether a fair and impartial investigation has been conducted by the SIT or not.

(3.) The main writ petition is filed as a public interest litigation to find out the truth of the allegations contained in FIR No. 59/11 of the said police station. When once SIT files formal report under Section 173 Cr. P.C. before the competent Magistrate Court, there is no more secrecy attached to the report, therefore, the petition deserves to be allowed is the contention of the petitioner.