LAWS(KER)-2016-5-78

AJEESH Vs. STATE OF KERALA

Decided On May 30, 2016
Ajeesh Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) These Writ Petitions relate to Crime No. 909 of 2016 stated to have been registered by the Kuruppampady Police Station in Ernakulam District of the State of Kerala. Speaking from the judiciary, it is too early for us to make any statement on the nature of the crime, the victim and other relevant aspects which ought to be taken as matters gaining attention in the course of investigation.

(2.) The sum and substance of these three Writ Petitions is that the petitioners including an organisation; as also another organisation, which has sought impleadment in one of the Writ Petitions; is that the investigation in the aforesaid crime is not going forward in the manner in which it ought to. Different reliefs are sought for through the different Writ Petitions. In W.P.(C) No. 17047 of 2016, the relief sought for includes a prayer that the investigation be handed over to a senior woman police officer. The learned counsel for the petitioner in that case submits that as of now, the investigation has been handed over to a senior woman I.P.S. Officer of the Kerala Cadre and therefore, to that extent, this Writ Petition can be closed, though there are reliefs which refer to the petitioner 's allegation as to the shortcomings in different other aspects of policing. In the other two Writ Petitions, the reliefs are sought for, for handing over the investigation to the Central Bureau of Investigation and for different other directions. In W.P.(C) No. 17274 of 2016, there is also a specific allegation and a relief sought for seeking a direction for appropriate action against the Station House Officer, Kuruppampady, and the Rural Superintendent of Police, Aluva and other negligent officials. This relief is sought for on the allegation that there is violation of the provisions of the Scheduled Caste/Scheduled Tribe Prevention of Atrocities Act, 1999, as amended by the 2015 Act. In W.P.(C) No. 17022 of 2016, filed by an advocate and in which there is an application for impleadment by an NGO, the relief sought for is to constitute a special investigation team headed by a senior woman police officer or to entrust the investigation to the C.B.I. The further relief sought for therein is to direct an enquiry to be conducted to ascertain matters in connection with the autopsy and any lapse in the matter of non-cordoning and sealing off, of the scene of occurrence.

(3.) The learned Senior Government Pleader submits today that the investigation has been handed over to Dr. B. Sandhya, I.P.S., who is now the Additional Director General of Police (South Zone) and she will be assisted by a team of seven Officers enlisted in the order dated 26.5.2016 of the Director General of Police and State Police Chief.