V APPUKUTTA MENON Vs. UNION OF INDIA

JUDGEMENT

(1.) The first petitioner, retired Professor and a resident of Parur Town, Ernakulam District in Kerala State, filed this writ petition seeking for a direction to the second respondent-Director, Central Bureau of Investigation, New Delhi, to take up the investigation of Crime No. 19/93. The petitioner's youngest son by name Mr. Krishna Kumar had a brilliant academic carrier, took his M.Sc., degree with high rank from U.C. College, Alva, Mahatma Gandhi University. He joined as a research scholar in the University of Hyderabad, a Central University. On 5/07/1993 he achieved a break through in his research work and to celebrate his success, he distributed sweets among his friends and having discovered a new chemical compound, he telephoned to his guide Mehta, at 9.30 p.m. and informed him about the unexpected result achieved by him. He also telephoned to his father - the first petitioner. He has also transmitted this happy information to his uncle and his wife and other family members who reside at Hyderabad. However, on 6th morning, the dead body of Krishna Kumar was seen inside the Laboratory known as Cosist Laboratory where late Krishna Kumar was conducting this research work along with other research students like Hanumantha Reddy. The dead body was first sighted by another research scholar at about 6 a.m. in the morning who gave this information on telephone to Professor Mehta who was also the acting Vice Chancellor of the University. The Chief Medical Officer of the University Dr. Sarveswara Rao, at the first flush opined that the death might be due to cardiac arrest. The Sub-inspector of Chandanagar police station on information arrived on the scene, arranged for post mortem, which disclosed that all the internal organs of the dead body had a bright cherry red colour which is indicative of consumption of potassium cyanide. The Vice Chancellor and his associates prematurely declared that Krishna Kumar had committed suicide by consuming cyanide poison. Although the death is shrouded in mystery, there is absolutely no reason for Krishna Kumar to commit suicide at a moment when he achieved a break through in his research. There was a demand from the student community for a thorough probe into the cause of death of Krishna Kumar. There was not even an official condolence meeting contrary to the normal practice. The media had also published several news items regarding the mysterious death of Krishna Kumar. The first petitioner had sent a memorandum through the local M.L.A. to the Chief Minister of Kerala to use his good offices for ordering a C.B.I. enquiry in the matter besides sending representations to the Prime Minister seeking his intervention.

(2.) Late Krishna Kumar was a brilliant boy with mental poise and cool temper. He phoned up to his Professor around 9.30 p.m. about the success he achieved as he discovered a new chemical compound. Mr. Shanker is also another research student under the same Professor. He was the last person who had seen Krishna Kumar alive on 6-7-1993 around mid night. He, while leaving the Laboratory had asked Krishna Kumar to bolt the door of the Laboratory from inside. Dr. G. Hanumantha Reddy was also in the Laboratory along with Krishna Kumar and Shaker till 11.00 p.m. Mr. K. Venkateswara Rao was also in the Laboratory till 10.15 p.m. The fact that Mr. P. V. R. Charyulu entered the Laboratory on the 7th morning through a window of the first Laboratory which was closed but not bolted from inside shows that there was access for somebody else no enter the Laboratory while Krishna Kumar alone was inside. The local police did not conduct the investigation in a proper way to achieve the break through. The remnants of last drops though noticed by the police, they were not sent for chemical examination, nor the finger prints found on the steel tumbler were examined. The conversation between Krishna Kumar and his Professor was also not brought to light during investigation. Dr. G. Hanumantha Reddy, who was deputed by the A.P. State Council of Science & Technology, was also working under Professor Mehta. The police have not directed their investigation into the research work conducted by this scientist so as to know whether he had utilised the breakthrough achieved by late Krishna Kumar. No doubt, the petitioners have no positive proof in respect of any possibility for the murder of Krishna Kumar. In fact, in this writ petition, their relief is only to the limited extent viz., since the local police is not able to break the ice, it is better C.B.I. should be directed to take up the investigation. As the petitioners strongly believe that the theory of suicide by Krishna Kumar does not fit in to the circumstances leading to his death, the police should investigate thoroughly into the cause of death and take action against the culprits.

(3.) The, 3rd respondent, though not filed any counter, but produced the case file in Crime No. 19/93 of Chandanagar Police Station. The University of Hyderabad is impleaded as 7th respondent. In the counter-affidavit filed though the Registrar, it is stated that late Krishna Kumar is doing research under Professor Mehta. It is stated that on coming to know of the death of Krishna Kumar, Professor Mehta visited the Laboratory on 7th along with Doctor Sarveswara Rao. Police were also informed, who arranged for autopsy over the dead body. The University immediately appointed a Commission of Enquiry with Justice Gangadhara Rao, a retired Judge of the High Court of Andhra Pradesh and Professor Navaneetha Rao, a well known Chemist and Professor of chemistry and former Vice Chancellor of Osmania University, to enquire into the cause of death of Krishna Kumar. The Commission held its session, collected available evidence and finally came to the conclusion that Krishna Kumar's death appears to be more of suicide than homicide. The allegation that any close friend of Krishna Kumar could have made his drink a glass of Coca Cola or other drink added with cyanide poison was only surmise. Equally, the allegation that the new product discovered by Hanumantha Reddy under the guidance of Professor Mehta may be a continuation of the discovery earlier made by Krishna Kumar has no basis.