T SAROJINI AMMAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioners - mother and sister of one deceased Mohankumar in that order, seek a writ of mandamus to command seventh respondent - Central Bureau of Investigation, to institute an investigation into the alleged loss of a diary for the year 1986 maintained by Mohankumar. According to them, diaries for 1985 and 1986 were seized by 6th respondent, and he secreted the diary for 1986, committing the offence of theft. Covering up financial dealings between Mohankumar and 6th respondent, recorded in the diary, is the motivation for the 'theft', state petitioners.

(2.) Mohankumar died during the small hours of 14-1-l987 at a hospital at Ernakulam due to extensive burns (I am referring to the facts revealed from the case diary, only because there was an allegation that Mohankumar met with a homicidal death). By all accounts, Mohankumar was a man of easy virtue, who had come by easy money. In a remarkably short time, he came into prosperity, acquiring an expensive life style. He had a passion for women, recorded in purple in the Diary for 1985 (produced along with the case diary). Mohankumar developed a deep fascination for one Vimala Jacob, a Barrister. It reached its peak and Mohankumar wanted her to desert her husband and children for him. She was not responsive to his entreaties to that extent, though she yielded to him otherwise. To impress her of his need for her, he made attempts to kill himself, more than once. On the fateful night, Mohankumar visited Vimala Jacob when her husband was away, and told her that he would immolate himself if she would not live with him. He purchased a quantity of petrol through a watchman, poured part of it on his clothes, and lit a match in a bid to suit his deeds to his words. That was the flash point and the flames enveloped Mohankumar, casuing extensive burns. The maid servant in the house, watchman Edwin, two policemen in the vicinity on beat duty, and certain others came on the scene. He was taken to a hospital past midnight, where he died before 3 a.m. Mohankumar beseeched those who saw him, to save his life, stating that he was a Billionaire. He did not say that an attempt was made on his life, by anyone.

(3.) The investigating agency found it to be a case of accidental death. Petitioners, or one of them moved the Supreme Court by W. P. (Crl.) No.309/89 to order an investigation into the cause of death of Mohankumar, through the Central Bureau of Investigation. After hearing the matter, the Supreme Court dismissed the writ petition on 29-8-1989. In the light of the judgment of the Supreme Court and in the light of the facts revealed from the case diary, it must be held that the death of Mohankumar was accidental. The matter must end there.