ARSHIKA S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution seeking the following reliefs:-

(2.) Petitioner is the widow of late Sanjith who was attacked and brutally killed by a group of five identifiable persons on 15/11/2021 while he was moving on a motor cycle with the petitioner on the pillion seat, for dropping her at her workplace. The attack was made at a place by name Mambaram Pudugramam within Palakkad Town South police station limits. While they were moving on the motor cycle, as there were gutters on the road, the vehicle had to be slowed down and at that time a group of five persons was found standing beside a white Maruti car on the side of the road. When the motor cycle was slowed down, they unleashed attack against Sanjith; both of them fell on the road along with the motorcycle. At that time, one of the assailants dragged the petitioner from the spot and they brutally attacked Sanjith using dangerous weapons, swords carried by them. When people gathered, they left the scene in the car. Sanjith was immediately taken to the District hospital, Palakkad. The Doctor declared him dead. On 15/11/2021 Palakkad Town South police registered the crime on the basis of the first information furnished by her.

(3.) According to the petitioner, her husband Sanjith was the Secretary of Rashtriya Swayamsevak Sangh (RSS), Thenari Mandalam in Elappully panchayat. He was an eye-sore to the Popular Front of India (PFI) and Social Democratic Party of India (SDPI), both are known organisations indulging in propagating extremist ideologies throughout the country. Deceased Sanjith had tried to maintain peace between various communities and was against extremist groups as there were sharp differences in ideologies among RSS, SDPI and PFI; both SDPI and PFI have roots outside India. They are engaged in conversion of people from other communities to Islam by threat, coercion and intimidation. Their activities have caused tensed situations in that area. The husband of the petitioner and his co-workers opposed the extremist ideologies of SDPI and PFI who wanted to suppress the growth of RSS and propagated terrorism in the minds of innocents. On 27/6/2020 an attack was made against Sanjith by SDPI and PFI workers following which crime 457/2020 of Kasba police station was registered alleging offence under Ss. 452, 324, 326, 307 read with 34 of the Indian Penal Code. The investigation in that crime is moving at a snail's pace, that no final report is filed yet, the attempt of the police is to shield the real culprits. Even thereafter there were constant threats against the life of Sanjith from SDPI and PFI activists. The death of Sanjith is the result of a larger criminal conspiracy hatched among the activists of SDPI and PFI. But the investigating agency has not conducted proper, effective and timely investigation in crime 457/2020, which resulted in the unfortunate death of her husband. The larger conspiracy involved in these attacks is not being investigated by the police. The brutal attack was conducted in broad day light, in front of her, at 8.45 am on 15/11/2021. Even though she had made repeated requests to respondents 1 and 2 to investigate the larger conspiracy, those were not considered at all. Even when crime 1989/2021 was registered, they were reluctant in naming the organisations SDPI and PFI, in the FIR. These organisations have roots all over India and abroad, that there are national and international ramifications in the commission of the ghastly murder. The SDPI and PFI activists have indulged in attack against RSS workers in different parts of the country. On 5/2/2019 they had killed one Ramalingam in Tamil Nadu and the investigation was taken over by the National Investigation Agency and a final report was laid against 18 PFI and SDPI activists. The death of her husband is the result of interference of the deceased with the propagators of extremist activists. Accused had travelled out of the State and the vehicle used by them was found in a demolished condition in Tamil Nadu. The murder of Sanjith was the result of a larger conspiracy hatched among the national leaders of SDPI and PFI. It is only a sequel of murders that had taken place in the last few months in which at least four people were killed by the extremist organisation. Earlier, even though attempts were made against the life of Sanjith, which led to registration of Ext.P2 crime, effective and proper investigation was not conducted so far. Even though Ext.P4 final report was laid during the pendency of the Writ Petition, investigation was conducted in a perfunctory manner. It is also pointed out that a top police official of the rank of Additional Director General of Police had revealed in a recent interview that after the commission of such crimes the assailants go underground and have backing of terrorists and difficult to book them. So far accused Nos.8 to 11 and 15 to 19 have not been arrested; many of the accused might have left the country and sought asylum in terrorist countries. Considering the fact that there is a larger conspiracy in the murder of Sanjith and having regard to the national and international ramifications and the perfunctory manner of conducting investigation by the local police, it is only appropriate that investigation of the cases be handed over to the CBI, which agency alone can unfold the truth and take the case to a logical end.