LAWS(KER)-2018-5-40

GOPALAN ADIYODI VAKKEEL SMARAKA TRUST TIRUVANGAD T Vs. STATE OF KERALA REPRESENTED BY SECRETARY HOME DEPA

Decided On May 23, 2018
Gopalan Adiyodi Vakkeel Smaraka Trust Tiruvangad T Appellant
V/S
State Of Kerala Represented By Secretary Home Depa Respondents

JUDGEMENT

(1.) Introduction:

(2.) A charitable trust complains that the State of Kerala has been swept and is still being swept by waves of political violence, murders. It accuses the principal party of the ruling coalition and some of its executives as the cause for these wanton violence and macabre murders. It further complains that the state police machinery is not independently investigating the crimes; it is bailing out the accused with political clout. So it wants "impartial, independent investigation" by a "neutral agency", such as Criminal Bureau of Investigation (CBI). For that purpose, it has filed this public interest litigation and urged this Court to transfer the investigation to CBI from the state police.

(3.) In a federal polity, law and order being a state subject, a person must establish exceptional circumstances, for this Court to allow the CBI, without the executive's consent, to investigate crimes occurring within a particular state's territorial limits.