MARIYU Vs. DEPUTY SUPERINTENDENT

JUDGEMENT

(1.) IN this Writ Petition under Art.226 of the Constitution of India filed on 29/03/2007, the petitioner (Mariyu) who is the wife of one Muhammed Fasal of Madapapedika in Thalassery, seeks a writ of mandamus directing the 6th respondent, State of Kerala to entrust the investigation of CBCID Crime No. 313/CR/KNR/2006 (Crime No. 442 of 2006 of Thalassery Police Station) with respondents 3 and 4 namely, the Cochin Unit of Central Bureau of Investigation and the Central Bureau of Investigation, New Delhi.

(2.) THE LAMENTATIONS OF A WIDOW The petitioner's version regarding the occurrence is as follows: Muhammed Fasal, the late husband of the petitioner was a newspaper vendor by occupation. He was vending the newspaper daily by name "Thejus". At about 3.30 a.m. on 22/10/2006 he had gone to collect newspapers and distribute them. But he was brutally murdered at the wee hours of 22/10/2006 from the temple road Thalassery near the Liberty Quarters. The deceased had sustained as may as 20 stab injuries. The nature of the injuries would suggest that the murderers were professional assailants having expertise in committing such offences. It was a preplanned cold blooded murder. On 22/10/2006 itself Crime No. 442 of 2006 was registered by the Sub Inspector of Police, Thalassery, under S.302 IPC against unidentified persons on receipt of an anonymous telephone call to the effect that somebody was lying wounded on the road in a pool of blood. Eventhough the police took Fasal to the Government General Hospital, Thalassery, the doctor after examining him pronounced him dead. Immediately the investigation of the case was taken over by the first respondent Superintendent, CBCID, Thalassery. So far no person has been arrested and the investigating agency would take the stand that there is no clue regarding the assailants. The deceased was a supporter of the National Democratic Front (NDF). The deceased was a person of good behaviour and as far as the petitioner knows he had no enemies. However, on account of the political conditions prevailing in that area the deceased used to tell the petitioner that the local members of the Communist Party of India (Marxist) ("CPM" for short) were not happy with him. He was earlier an ardent supporter and worker of CPM. But later he shifted his allegiance and joined the NDF. Many of the Muslim members of that locality had defected to the NDF at the instance of the petitioner's husband. Fasal was instrumental for many persons terminating the subscription to the CPM party newspapers and subscribing to "Thejus" Newspaper. By this, Fasal had invited the wrath of the CPM Activists. The investigation of the case was proceeding in the most unsatisfactory manner. Eventhough the police dog attached to the dog squad had, after sniffing, got into the house of certain ardent workers of C.P.M., the then Dy.S.P. of DCRB by name Radhakrishnan who had made commendable headway into the investigation was withdrawn from the investigation team. It is pertinent to note that the gruesome murder in this case took place in the Constituency of Kodiyeri Balakrishnan the present Home Minister. With a view to throw the investigating agency and the public off the scent the assailants had planted tridents (thrisuls) near the dead body so as to create an impression that members of the Rashtreeya Swayam Sevak Sangh ("RSS" for short) were behind the murder of Fasal. Eventhough three CPM workers were taken into custody by the then investigating officer, after the sniffer dog had run into the house of a CPM worker, those three persons were released from custody at the intervention of the leaders of the CPM as revealed by Exts. P1 and P2 news items in two popular dailies by name Madhyamam and Chandrika. In Ext. P3 news item in Madhyamam Daily dated 01/12/2006 it was reported that the members of the United Democratic Front had protested against the political interference by the ruling party CPM in the fair and impartial investigation of this case. The petitioner reasonably understands that the murderers of her late husband are none other than the members of the CPM and she will not get justice since the CPM is in power and the Minister who is hailing from that Constituency is controlling the portfolio of Home. All representations by the petitioner before various authorities including the Director General of Police (the 2nd respondent) for justice have fallen on deaf ears. The petitioner filed WP (C) No. 2063 of 2007 before this Court praying for the investigation by a more specialised and impartial agency preferably the CBI. That Writ Petition was disposed of by this Court as per judgment dated 14/02/2007 entrusting the investigation with a Special Investigation Team headed by the 5th respondent Superintendent of Police. But even after the entrustment of the investigation with a Special Investigation Team, no investigation worth its name has been conducted. Valuable evidence which would throw some light into the circumstances leading to the death of the petitioner's husband will be destroyed by the lapse of time. Every day's delay on the part of the police in unearthing the evidence of the crime is fatal. In the present political set up the petitioner will not get any justice from the State Police. Hence this Writ Petition.

(3.) IN the subsequent statement dated 15/10/2007 filed by T. K. Rajmohan, Superintendent of Police, Crime Branch CID, SIG III, Kozhikode what is stated is as follows: The Special Investigation Team started investigation on 14/06/2007. After a systematic investigation in which more than 100 witnesses were questioned, the case was analysed threadbare. The first accused in the case is Sunilkumar @ Kodi Suni. Accused Nos. 2 and 3 Koyeri Biju @ Pachutti Biju @ Bijesh and M. K. Jithesh @ Jithu. All of them are known political bad characters hailing from Thalassery, Chockli and Pallur Police Station Limits. These gundas were actively involved in several political murders and attempt to murder cases and extorting people in that area. A1 Sunilkumar is involved in 21 criminal cases and A2 Brijesh is involved in six criminal cases including Shaji murder case and A3 Jithesh is involved in 4 criminal cases. Deceased Fasal was a strong NDF activist in that area. The accused persons had reached the place of occurrence namely the front portion of Liberty Quarters in a motor cycle bearing Reg. No. PY-01/2976. They were hiding by the side of the by lane on the eastern side of Liberty Quarters when deceased Fasal came on his bicycle to collect "Thejus" newspaper. The accused persons pounced upon him and attacked him in front of Liberty Quarters with deadly weapons like chopper, knife etc. After the incident they tried to escape from the scene on the motor cycle of A3 Jithesh. The said Jithesh who had left behind his chappal at the scene of crime returned to the spot while the two others waited on the motor cycle. Hearing the commotion and the screaming sound from the road, one Abdulla and Lulu Marjan both of whom are residents of Liberty Quarters witnessed the incident in dim light but they could not identify the assailants. Similarly, one Sameera, daughter of Moidu, another inmate of Liberty Quarters had switched on the exterior light and saw a person searching for his chappal on the road in front of her quarters. Seeing the light Jithesh fled from the scene leaving back his pair of chappals and alighted the motor cycle and sped away along with the other two accused persons. On their way to Illathuthazham they concealed the chopper and knife in an unoccupied open compound on the western side of Pankaj Talkies. Subsequently, on the confession of A2 and A3, Rajmohan, the Superintendent of Police recovered those weapons under a mahazar. The three assailants who reached their respective houses, left for Mysore on the next day. A2 and A3 who had been questioned earlier by the previous investigating officer were summoned again for questioning and on a thorough interrogation on 08/10/2007, they confessed their guilt along with A1 who is in judicial custody. A2 and A3 were thus arrested on 08/10/2007. A1 who is in judicial custody in connection with Chockli Police Station Crime No. 226 of 2007 for offences punishable under S.143, S.147, S.148, S.341, S.324 and S.307 read with S.34 IPC and Sessions 3 and 5 of the Explosive Substances Act, 1908, was formally arrested on 10/10/2007.