UNNIKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The above petition has been filed by two officers of Central Bureau of investigation (for short "the CBI") challenging their implication as accused in a crime case registered over the suicide committed by a senior police officer of CBI, who headed an investigation team in which petitioners too formed part of.

(2.) A voluminous petition with plethora of documents has been presented before this court to seek the exercise of inherent powers of this court under Section 482 of the Code of Criminal Procedure (for short "the Code") to quash the criminal proceedings. Shorn off unnecessary details, the case of petitioners, in brief, for the relief canvassed can be summed up thus:

(3.) Haridath, the officer who committed suicide conducted investigation of a crime registered over the alleged custodial death of one Sampath, pursuant to Annexure-I judgment rendered by this court. Investigation in the crime conducted by Crime Branch was assailed before this court, and, then under Annexure AI judgment it was ordered to be handed over to CBI with some directions. Petitioners working as Inspectors in the Thiruvananthapuram Branch of the CBI formed part of the investigation unit headed by the above officer. During investigation involvement of two senior police officers in the custodial death of Sampath was suspected of, and then, there was harassment of the members of the investigation team, was raised before this court in subsequent proceedings, and, thereupon Annexure V order was passed, after perusing the case diary, directing the Chief Judicial Magistrate to monitor the investigation of the crime. Other orders were also passed that the investigation team comprising the petitioners should not be changed without orders of the court. Investigation continued by the team headed by Haridath led to filing of reports before the Chief Judicial Magistrate seeking issue of non-bailable warrants against two senior police officers whose complicity in the custodial death of Sampath was suspected of by materials collected. At that stage, pursuant to orders passed by the Supreme Court in the appeal against Annexure V order, two superior officers of the CBI were authorised to supervise the investigation. In the investigation of crime that continued under the supervision of two senior officers of CBI petitioners were sidelined, and from 03.09.2011 they had no participation in the investigation. According to petitioners, senior officers of CBI, who supervised investigation compelled Haridath to undo whatever he had done earlier and that ultimately resulted in his committing suicide on 15.03.2012. In a suicide note, allegedly, written by Haridath, it is stated, names of petitioners and an advocate are mentioned, with imputation against the Chief Judicial Magistrate also, that they were responsible for his suicide. A month later, these petitioners were transferred to Calcutta and Guwahati respectively, since their names appeared in the suicide note. A crime was registered over the death of Haridath under Section 174 of the Code at Narakkal police station. Investigation of the crime was later taken over by the Crime Branch Crime investigation Department (CBCID), HSW-II, Ernakulam. Superintendent of Police, CBCID, is presently investigating the crime. Under the guise of investigation into the suicide of Haridath, investigating officer is scrutinizing whatever is done during the investigation in Sampath custodial death case by the investigation team headed by Haridath. Petitioners were examined continuously for hours together by the investigating officer. Some of the witnesses examined and whose statements were recorded under Section 164 of the Code during the investigation of Sampath custodial death case, were recalled and examined by the investigating officer conducting investigation over the suicide of Haridath. On the premise that those witnesses had been compelled to give false statements, recorded from them under Sections 161 and 164 of the Code, due to threat and compulsion by the petitioners they have now been implicated as accused in the crime registered over the suicide of Haridath, for offences under Sections 182, 194, 195, 195A and 306 Indian Penal Code. A report, Annexure-LI, has been filed by the investigating officer, Superintendent of Police, CBCID before the Sub Divisional Magistrate, Fort Kochi stating that the petitioners have been included as accused in the crime for the aforesaid offences on the basis of materials collected during investigation, and that, deleting Section 174 of the Code under which the crime was registered, its investigation is being continued for the abovesaid offences. Petitioners have filed the above Crl.M.C to quash Annexure LI report filed before the Sub Divisional Magistrate, as an abuse of process of court, exercising inherent powers of this court under Section 482 of the Code.