MURUGESHAN.M Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a matter which relates to the death of two persons by name Karthik @ Kannan and Manivasakam. They were shot dead by the police, the Kerala Thunderbolts, a command force of the Kerala Police. The petitioners, who are the kith and kin of the deceased, allege that the death occurred in a fake encounter. Learned counsel for the petitioners alleges possibility of even custodial death. Death was caused in self defence, is the version of the police.

(2.) The issue before the court, in this petition, is not the truth of the above versions. The petitioners had approached the Court of Session, Palakkad contending that the guidelines issued by the Hon'ble Supreme Court, in People's Union for Civil Liberties v. State of Maharashtra : (2014) 10 SCC 635, regarding investigation of death caused in police encounters, had not been complied with. Learned Sessions Judge rejected the contentions raised by the petitioners and dismissed the two applications filed by them. Learned Sessions Judge found that none of the guidelines issued by the Apex Court was flouted or violated. Aggrieved by the order of the learned Sessions Judge, the petitioners have approached this Court with this petition filed under Article 227 of the Constitution of India. Therefore, the questions to be decided in this petition are whether the guidelines issued by the Supreme Court in PUCL (supra) have been complied with in the investigation relating to the death of Karthik @ Kannan and Manivasakam and whether there is any sufficient ground to interfere with the order passed by the learned Sessions Judge by this Court in exercise of the power under Article 227 of the Constitution.

(3.) Crime No.291/2019 of the Agali police station is the case registered in relation to the death of Karthik @ Kannan and two other persons. As per the First Information Report (FIR) in that case, on 28.10.2019, at about 12.20 hours, when the police party was conducting usual patrolling in the reserve forest at the place Mele Manjikkandy, a group of persons who belonged to the organisation by name Communist Party of India (Maoist), opened fire at the police party. It is stated that the police party, in self- defence, fired back. After the exchange of fire, the police party conducted search of the area and then saw the dead bodies of one lady and two men, one of them subsequently identified as Karthik alias Kannan. Crime No.291/2019 of the Agali police station was registered in the matter against 'a group of CPI Maoists' as accused, under Sections 143, 144, 147, 148, 353, 121 and 307 read with 149 I.P.C and Sections 3 read with 25(1-B)(a) and 27 of the Arms Act, 1959, Sections 16, 20, 38, 39 and 49 of the Unlawful Activities (Prevention) Act, 1967 and also under Section 27(1)(e) of the Kerala Forest Act, 1961.