K. P. YOUSUF Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India for issuing a direction to the State Government to entrust the investigation of Crime No.515/2008 of Thalassery police station to the Central Bureau of Investigation (CBI).

(2.) The material averments in the writ petition are the following: U.K.Salim, the son of the petitioner, was found dead on 23.07.2008 under suspicious circumstances. A case was registered in that regard as Crime No.515/2008 of Thalassery police station. No meaningful and effective investigation has been conducted by the police in the case. The murder of the son of the petitioner is not an isolated incident. Before his death, two of his close friends by name Jijesh and Rayees were also murdered. The murders of these persons are connected with the murder of one Muhammed Fazal, who was a strong activist of Communist Party of India (Marxist). He was found murdered on 3.30 a.m on 22.10.2006. His murder was for the reason that he had left the C.P.I (M) and joined the National Democratic Front. The investigation of the case relating to his murder was entrusted to the CBI as per the order of this Court. After the death of Muhammed Fazal, the son of the petitioner, Jijesh and Rayees, who were thick friends, left the CPI(M). It appears that a high level conspiracy was hatched to do away with these three persons. Jijesh and Rayees were murdered on 27.01.2008. The murder of all these three persons, including the son of the petitioner, was perpetrated by the leaders of CPI(M). The petitioner had sent Exts.P1 and P2 representations to the Home Minister seeking investigation of the case relating to the murder of his son by the CBI. The Government have not acted upon the representations sent by the petitioner. Unless an independent agency like the CBI investigates the matter, in view of the political undertones and involvement of the prominent leaders of CPI(M) in the three murders, the murder of the petitioner's son will never come to light. Soon after the murder of the son of the petitioner, the State police was trying its level best to distort the investigation in a manner pointing out to some imaginary persons as accused. The petitioner has strong belief that for leaving the Marxist party in protest against the murder of Muhammed Fazal three young activists of that party including the petitioner's son had been done away with. The police was then under the control of the Communist Party of India (Marxist), whose nominee from Kannur district was the Home Minister. There were directions to the police not to conduct any meaningful investigation. The Circle Inspector of Police Sri.Suresh, who started an honest investigation and was about to nab some Communist Party of India (Marxist) workers, was immediately transferred. Similarly one of the Crime Branch officials who stumbled upon the truth was also shifted suddenly. Even the Deputy Superintendent of Police, Special Investigation team, which was constituted, was removed from the investigation solely with a view to save the workers of the Communist Party of India (Marxist). Thus there was a clear attempt by the State Government, the Director General of Police and the police machinery to topple the investigation altogether and stultify it, which has led to permitting the accused who had committed a dastardly crime go unpunished. If the investigation is done by the State Police, they are likely to hide many things than bringing the truth to light. The petitioner has strong reasons to support his feelings that it was the activists of the Communist Party of India (Marxist) in Thalassery area who have done the crime.

(3.) The writ petition was filed in the year 2013. As per the order dated 04.03.2013, this Court had directed the investigating officer in Crime No.515/2008 of the Thalassery police station to file a statement regarding the stage of investigation of the case then. Only on 09.02.2017, the then District Police Chief, Kannur filed a statement before this Court. The material averments in this statement are the following: The investigation of the case revealed that the murder of the complainant's son is not under suspicious circumstances. The investigators had collected valuable and cogent evidence in the case. The motive and provocation for the crime disclosed in the investigation are clearly incorporated in the case diary file. There are total 8 accused persons in the case out of which A8 is a juvenile and he is absconding. There was no allegation or complaint, either oral or writing, regarding the quality of investigation or any defect of investigation, before filing of final report in the case. The writ petitioner had been questioned during the course of investigation on 02.08.2008. As per his statement, he had only hearsay information about the incident and he had not raised any complaint or doubt about the investigation. The case was registered on the basis of the statement given to the police by Nafnas, who was also injured in the same incident. On the basis of the statement furnished by Nafnas to Sri.V.K.Sudhakaran, Sub Inspector of Police (Addl), Thalassery on the same night at 00.20 hours, case was registered at Thalassery Police Station as Cr.No.515/2008 under Sections 143, 148, 341, 324 and 302 r/w 149 IPC. The initial investigation of the case was conducted by Sri.M.V.Sukumaran, Circle Inspector of Police, Thalassery from 24.07.2008. During the course of investigation, it was revealed that, the accused A1 to 8 were involved in the incident. The investigation was completed by Sri.U.Preman, Circle Inspector of Police, Thalassery and charge sheet against accused A1 to A7 was submitted before the Judicial First Class Magistrate Court,Thalassery on 31.08.2009. Since accused No.A8 was a juvenile, charge sheet against him was filed before the Principal Juvenile Court, Thalassery. The case was committed to the Court of Session, Thalassery and it is pending trial as S.C No.471/2011. The investigation clearly revealed the facts circumstances and the motive of the crime. The investigation of the case was conducted by Sri.M.V.Sukumaran, Sri.M.P.Vinod and Sri.U.Preman. The case was never investigated by a Circle Inspector of Police by name Sri.Suresh. The averment in the writ petition that officers have been shifted to prevent effective investigation is absolutely incorrect. There was no deviation of investigation from the original track at any point of time. Efficient investigation was conducted and enough evidence against accused has been collected. There is no need for the investigation by other agencies, that too, at this belated stage. During the course of investigation, A1 C.K.Latheef @ Kozhi Latheef was arrested on 29.07.2008 by Circle Inspector Sri.M.V.Sukumaran and a double edged pointed knife was recovered on 06.08.2008 under Section 27 of the Evidence Act. A2 K.V.Latheef @ Government Latheef and A3 Kunhu @ Abdulla were arrested by Circle Inspector M.V.Sukumaran on 19.8.2008 and an iron rod was recovered as per the confession statement of that accused. A4 Sameer, A5 Nazeer @ Nachu, A6 Muhammad Hisham and A7 Shabil surrendered before the Judicial First Class Magistrate's Court, Thalassery. A8 Sayees was juvenile and he absconded during the investigation of the case. The medical officer who conducted the autopsy was questioned. He had examined the weapon recovered and he has opined that the injury can be caused by the weapon shown to him. The case is ripe for trial. The petitioner has not put forward any tenable and cogent grounds, warranting investigation by the CBI at this distant point of time.