ARUNKUMAR SINHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 4th accused in C.P.No.13/2004 pending before the Judicial First Class Magistrate Court-III, Thiruvananthapuram with respect to the offences under Sections 323,324,326,342,344,346,352,354,5099 read with Section 34 of the Indian Penal Code and Section 3(1)(iii), 3(1)(x), 3(1)(ii) and 3(2) (vi)(vii) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed against seven police officials including the petitioner herein. The allegation in the complaint filed by respondents 2 and 3, daughter and mother, is that the petitioner herein while monitoring investigation into the crime of suspected murder of one Rajendran Kani committed the above offences. The investigation related to the incident of noticing a floating dead body in Veli lake near Boat Club, Veli, Thiruvananthapuram on 13-6-1998. The petitioner was working as Commissioner of Police, Thiruvananthapuram at the time. The Assistant Sub Inspector, Thumba registered a crime under Section 174 Cr.P.C. On postmortem it was found that the death was caused due to constriction force on the neck. There was no water inside the body. Hence, the death appeared suspicious. The investigation by the Circle Inspector of Police, Medical College Police station started on 14-6-1998. From the preliminary investigation it appeared that it is a case of murder and the section of offence was altered to Section 302 I.P.C. The matter became very sensational with the media highlighting the allegations raised by the members of the Kani community. There was adverse publicity in the media against the police alleging that the investigation is not proceeding on proper lines. It was alleged that respondents 2 and 3, the wife and mother-in- law of the deceased connived at the murder in order to get rid of the deceased as he happened to be a nuisance to their allegedly lose moral way of life. The petitioner constituted a special investigation team headed by the Assistant Commissioner of Police,Shanmmugham and consisting of Assistant Commissioner, Fort, the Deputy Superintendent of Police, Neyyattinkara, the Circle Inspector of Police, Varkala, the Circle Inspector of Police, Medical College and others. The Special Investigation Team took over the investigation on 9-7-1998. Several persons including the 2nd and 3rd respondents were questioned. The respondents were strongly suspected to be the persons behind the murder of Rajendran Kani. The investigation revealed the moral status of 2nd and 3rd respondent is questionable. There was an incident prior to the death, i.e. on 11-6-1998 (incident on 13-6-1998) a person by name Gopalakrishnan Nair @ Gopan said to be the paramour of the 2nd respondent was caught red handed from her house and assaulted by neighbours. It was alleged that the illicit relationship was going on with the blessings of the 3rd respondent, the mother. On coming to know of the incident,Rajendran Kani, the husband of the 2nd respondent rushed to the house of the respondents in the evening of 12-6-1998 and abused them. The dead body was found floating in the lake on the next day. Investigation also revealed that respondents 2 and 3 were closely associated with a police constable by name Rajendran, a self styled Swami (Godman) and Prasannan who owned and managed a temple at Aralummode. There were several rumours regarding the mystry shrouding the temple. The Special Investigation Team on investigation could not bring out any positive materials to establish the involvement of the 2nd and 3rd respondents. In the meantime, the local people formed an Action Council and released a number of statements to the media. There was a hue and cry demanding immediate arrest of 2nd and 3rd respondents. The investigation was transferred to the Crime Branch on 20-7-1998, in view of sensation generated in the matter. The Crime Branch took over the investigation on 20-7-1998. A re-postmortem was conducted at the instance of Crime Branch by a Medical Team and the opinion in the autopsy was that Rajendran Kani died due to drowning and preceding that there was an attempt to commit suicide by hanging. But the local people were not satisfied with the findings of the Crime Branch. Subsequently the investigation was transferred to the C.B.I. who conducted a detailed investigation. The 2nd and 3rd respondents were interrogated for days together by the C.B.I. and finally the C.B.I. referred the case as suicide and the investigation was closed .

(2.) The 2nd and 3rd respondents represented before the Central Government to get sanction under Section 197 Cr.P.C. to prosecute the petitioner vide Annexure-I. The same was forwarded to the Government of Kerala since the petitioner is attached to the Kerala Police Cadre. The Government of Kerala rejected Annexure-I request on 15-12-1999 vide Annexure-II. It is thereafter that respondents 2 and 3 moved the Court. Copy of the sworn statement of the 2nd respondent is Annexure-III. It is stressed that in Annexure-III there is no whisper against the petitioner. The complaint was originally taken cognizance of by the Court of Sessions as S.C.No.546/19999. The same was challenged by the petitioner vide Crl.M.C.No.4986/1999 before this Court and this Court was pleased to allow the same with direction to the Sessions Court to return the complaint to the Judicial First Class Magistrate concerned.

(3.) It is pointed out that when the representation for sanction under Section 197 Cr.P.C. was rejected, the same ought to have been challenged before a court of law. It was not done and hence the same has become final. It is further pointed out that the complaint was filed vide Crl.M.P.No.1156/1999 before the Sessions Court on 12-5-1999 making allegations as to the torture etc. that took place in the month of July 1998 and hence the same is barred under Section 64(3) of the Kerala Police Act as the complaint is filed subsequent to six months of the incident. It is further alleged that the petitioner was born and brought up in Bihar and that he is not conversant with the caste prevalent in Kerala and he was not aware that the respondents belonged to the scheduled caste. There is no averments in the petition that the petitioner was aware that respondents 2 and 3 belonged to Kani community, which is a scheduled caste community. Hence, the allegations of infraction of Scheduled Castes & Scheduled Tribes(Prevention of Atrocities) Act cannot be sustained. It is further stated that during the period of questioning of the respondents, the local people had declared Ooruvilakku (made them outcaste) and in fact the police afforded protection to the respondents. The respondents requested that they may be allowed to stay in the Vanitha (Women) police station for one or two days and the same was allowed. It is contended that the Magistrate before taking cognizance of the matter ought to have considered the question of sanction under Section 174 Cr.P.C. The complaint is filed only as a vindicative measure as the respondents were continuously questioned by the police. The only allegation against the petitioner is that the police officers inflicted torture on them at the assistance, guidance and directions of the petitioner. According to the them, the petitioner was personally present in the office of the Assistant Commissioner on 6-7-1998 7 p.m. to 11 p.m. and on 8-7-98 till night though he occasionally went out for some other purposes as is evident from the representation to the Central Government. It is contended that the allegations related to the incidents that is intrinsically connected with the official duties of the petitioner and that while he was discharging his statutory power of investigation into the crime. The statute empowered him to supervise investigation into serious crimes. It is further pointed out that the petitioner was selected to the I.P.S.in 1987 and that he had worked as Superintendent of Police and D.I.G. and got President's medal for meritorious services and that so far there was no complaint against the petitioner. Hence, he has sought for getting the criminal proceedings initiated quashed.