K. G. MOHANDAS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) In the early hours of 10/5/2023, a young lady doctor was attacked by a patient. The doctor later succumbed to her injuries. The tragic death of Dr.Vandana Das-daughter of the petitioners, was a rude awakening for all. The alleged culprit, Sri. Sandeep, the additional 5th respondent in this writ petition, is stated to have attacked the deceased with a pair of scissors taken from the treatment table. The incident caused profound pain in every Keralite. As the investigation proceeded, the parents of the victim approached this Court, wanting the investigation to be carried out by the Central Bureau of Investigation (for short 'the CBI').

(2.) Crime No.1202 of 2023 of Kottarakara Police Station was registered on 10/5/2023 alleging that Sri. Sandeep had stabbed Dr. Vandana Das repeatedly, using a pair of scissors and committed the offences under Sec. 341, 324, 333 and 307 apart from Sec. 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012. After the injured doctor succumbed to her injuries, the offence under Sec. 302 IPC was also added.

(3.) Petitioners allege that the investigation has not been fair or transparent and should be conducted by a more specialized and independent agency. During the pendency of this writ petition, the investigation was completed, and the final report was also filed. Referring to the final report, petitioners have, through their reply affidavit, contended that the investigation has absolved the omissions of the police officers who failed to prevent the crime despite being present at the scene. Petitioners alleged that a fair investigation was not conducted by the local police, and hence, the circumstances require an investigation by the CBI.