SHEELA RAMESH KINI Vs. UNION OF INDIA

JUDGEMENT

(1.) BOTH the petitions contain similar prayers and, therefore, are being disposed of by a common order. Both petitioners claim transfer of investigation from the State Police (C. I. D.) to C. B. I. Culprits involved in the offence, it is alleged, are big guns who yield considerable clout with political high-ups. Culprits, it is feared, belong to a political party in power which runs the Government. State Police including C. I. D. functions under the State Government. It cannot and will not be able to fairly and fearlessly carry out an effective and efficient investigation in order to bring to book the offenders and perpetrators of the crime.

(2.) JUSTIFICATION set up to claim transfer of investigation, we are afraid, we are unable to share, the apprehension expressed, we quite understand. Present case, as is clear from our packed Court room, has generated a lot of interest. May be even a controversy.

(3.) IT all started on 23rd of July, 1996. Ramesh Kini made a disappearance from his residential house in Laxmi Niwas, Matunga. He is said to have met his end in Alka Talkies in Pune during, the night show. Paradoxically movie being screened was "broken Arrow". At the Sassoon Hospital he was declared dead. On his person note was found in which he had written that he was committing suicide and reasons are known to his Advocate. It transpires that Ramesh Kini, on the 23rd July, 1996 at 9. 30 a. m. , had handed over two letters in a closed cover to Advocate Lad. In one of them, he had stated that he was threatened and mentally tortured by his landlords Laxmichand Shah and Suman Shah, respondent Nos. 4 and 5 herein, forcing him to leave his flat. Landlords, with the help of Political high-ups were trying to usurp the flat by paying him a paltry amount. The landlords are stated to be extremely close to Raj Thackeray as also Balasaheb Thackeray, leaders of the Shiv Sena Party, which along with B. J. P. runs the State Government. They are regular visitors to the house of the landlords. According to Sheela Kini, (widow of the deceased Ramesh Kini), Ramesh had been called at Sena Bhavan several times and was regularly terrorised and mentally tortured. He was informed by the landlords, respondents Nos. 4 and 5, that the matter was to be looked into by Raj Thackeray. However, since the matter was of little significance, the same had been entrusted to Ashutosh Rane, the respondent No. 6 herein. The mental torture meted out to Ramesh, according to the letter left behind by Ramesh may lead him to suicide.