NIYAMAVEDI Vs. C B I

JUDGEMENT

(1.) THE ghost of Varghese who met his tragic end in an alleged encounter with the Police 28 years back is still haunting the people of the State. THE startling revelations of the additional 5th respondent (in O. P. No. 21142/98) who is a retired Police Constable that he shot Varghese compelled by his superior Officers stirred up the hornets' nest and these Original Petitions are the out come of those self styled confessions of the Police Constable. All these Original Petitions (except O. P. No. 22485/98 filed by the kith and kin of Varghese) are Public Interest Litigations. THE prayers in these original Petitions are: (1)for a direction to the Government to conduct "a confidence inspiring threadbare investigation" into the custodial murder of Varghese and to book the culprits and launch prosecution against them; and (2)to pay compensation to the kith, and kin of late Varghese to the tune of Rs. 10 lakhs. After issuing notice to the State, the learned Additional Advocate General fairly submitted that the Government have no objection in ordering any kind of enquiry into the circumstances and causes of the death of Varghese. It was also submitted by the learned Additional Advocate General that the Government is taking steps to get a judicial officer appointed for a judicial enquiry. Sri. P. Balagangadhara Menon, learned Senior counsel appearing in O. P. No. 2248 85/98 for the relatives of Varghese submitted that his clients are satisfied with the proposed enquiry under the Commission of Enquiries Act 1952. It was further submitted that the relatives of Varghese are not interested in getting compensation from the State.

(2.) SRI. A. X. Varghese, learned counsel for the petitioner in O. P. No. 21142/98 with his usual forensic flavour and forth rightness strongly urged that an investigation by the Central Bureau of Investigation (C. B. I.) is absolutely necessary to bring out the truth about the custodial murder of Varghese.

(3.) THE provisions of human rights are made an integral part of the Indian Constitution. Art. 21 of our Constitution which states that no person shall be deprived of his life or personal liberty except according to procedure established by law is hailed as a most productive cardinal safeguard in the Constitution for the protection of human rights.