AYISU Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Article 226 of the Constitution of India by the septuagenarian mother of a 42 year old man by name Abdu, who was done to death by unidentified assailants in a brutal manner on 14.10.2006 at about 8.15 p.m.

(2.) It has to be mentioned at this stage that this petition is the fifth in a series of writ petitions filed by the mother before this Court with a prayer to hand over investigation in the crime to the 5th respondent, the Central Bureau of Investigation ('CBI' for short). On the earlier occasions, this Court by reposing faith in the investigative and forensic skills of the top ranking police officers of the State, and taking note of the fact that it was a case of murder, with no other ramifications, did not deem it necessary at that stage to concede to the prayer of the petitioner. Relief as prayed for was denied based on the assurance given through the scores of statements filed by the Investigating officers that earnest efforts would be taken to render justice to the beleaguered mother. The last nail on the coffin was struck when this Court, after much desperation by a very detailed order dated 13.8.2015 had expressed the opinion that the present investigating officer, who had immaculate credentials to his credit, would unearth the mystery in the least possible time in order to instill public confidence in the police investigation system. Though an year has passed, it appears that the High Ranking Police Officers, on whose hands the investigation was entrusted by this Court by a series of orders are still groping in the dark. Totally disillusioned by the rudderless investigation conducted by the State Police, the petitioner prays for a fair and proper investigation to bring out the truth concerning the diabolic murder of her son.

(3.) Before dwelling into the merits of the petition, the basic facts will have to be stated in some detail.