Judgment :- 1. Petitioner-widow of one Karunakaran, prays for a direction to the Central Bureau of Investigation to take over and investigate into Crime No. 103 of 1987 en the file of Karimanoor Police Station and Crime No. 91 of 1987 of the Kaliyar Police Station. On 31-7-1987, one Scaria, his wife Daisy and their children Tinu and Sebastian were alleged to be murdered. Ia respect of this, Crime No. 91 of 1987 was registered. 2. It is said that, petitioner's husband a taxi driver by profession, took certain persons in his jeep on the night of 31-7-1987. They are Tomy, George & Joy. Petitioner believes, thai those who travelled in the said jeep on the fateful night, were responsible for the murders of Scaria and his family. Tomy is said to be relative of deceased Scaria. According to petitioner, thereafter her husband was found very gloomy and he confided to her, that he may have to be witness in a police case. 3. While matters stood thus, on the night of 23-9-1987, certain persons engaged the jeep belonging to petitioner's husband ostensibly for carrying two calves, whose value is said to be about Rs. 300/-, for a hire of Rs. 270/-. Petitioner's husband did not come back. The jeep was reported to be involved in an accident, killing petitioner's husband. It is her case that her husband was murdered, so that he would not depose as a witness in Crime 91 of 1987. Petitioner submits that the case is not being properly investigated into, and has pointed out various circumstances, which suggest that the death of Karunakaran was not due to an accident, but was a case of homicide. The following circumstances are mentioned by her in support of this view: (i) there were six persona in the jeep besides Karunakaran, and none but Karunakaran sustained injuries; (ii) none of those persons made any report about the accident immediately; (iii) the alleged occurrence was at 8.30 p.m. on 23-9-1987 and a report was made to Police only the next day; (iv) the jeep was a left-hand-drive jeep, and while Karunakaran who was on the left side of the jeep, is alleged to have died, those who sat to the right of the driver sustained no injuries, though the jeep is said to have fallen on its right side; There are other circumstances mentioned as well. 4.
4. Petitioner would submit that the accused in Grime No. 91 of 1987 are powerful persons enjoying political patronage, and that for this reason the Investigating Agency is not earnest in its attempt. Petitioner would say that, notwithstanding several petitions sent to the Chief Minister of Kerala, Director General of Police and to other high-ranking officials, nothing purposeful has been done by them. Petitioner would further say that, though the Chief Minister made a press-statement that, if the State Police could not find the culprits is two months the Central Bureau of Investigation would be asked to enquire into the matter, no action has been taken. This, according to her, is no more than lip service to lull the petitioner into inaction and cover up the crimes. 5. I heard learned Public Prosecutor. I do not think it necessary to go into the various allegations, but a perusal of the records produced before me, leaves me in no doubt that the cases call for an indepth investigation. Petitioner would suggest that this should be, by the Central Bureau of Investigation. I do not think that there it justification-atleast at this stage-to direct the Central Bureau of Investigation to take up the matter, for reasons more than one. The limited manpower and infrastructure of Central Bureau of Investigation, would make it difficult for it to take on itself responsibilities that should appropriately enure to the State Police. That apart, the Central Bureau of Investigation is required to enquire into only a class of enumerated cases. Unless there are very compelling reasons, they cannot be mulcted with the additional responsibility of enquiring into cases, that properly fall within the purview of the State Police. Besides, I am not inclined to reconcile myself to the view that the State Police is incapable of investigating into crimes that call for a degree of professionalism. Having bestowed anxious consideration on the various aspects, I direct the Inspector General of Police (Crimes), Trivandrum to cause investigation into Crime Nos. 103 of 1987 under his personal supervision. He may nominate a team of Officers of his choice to carry out the investigation. I am certain that the Inspector General of Police (Crimes) will personally oversee and guide the investigation from time to time, is view of the responsibility that this court reposes in him.
103 of 1987 under his personal supervision. He may nominate a team of Officers of his choice to carry out the investigation. I am certain that the Inspector General of Police (Crimes) will personally oversee and guide the investigation from time to time, is view of the responsibility that this court reposes in him. I am sure that, no efforts will be spared by the Kerala Police to cause a thorough investigation and bring to book the offenders, if there are cases of murder. 6. A number of petitions have come to this court in recent times praying for investigation by Central Bureau of Investigation. I do not wish to speculate on the reasons therefor. But, reasons there mast be. The State Police should strain every nerve, to redeem and sustain the faith of the public in its instrumentality. The credibility or the sense of public accountability of Police, should never be eroded. It must at all times and all seasons, inspire public confidence. One of the fundamental responsibilities of good government is effective policing. Neither patronage nor indifference, can seep into this area. To ensure so, would be statesmanship and would prove profitable in the long run. 7. The Registrar will communicate copies of this order, to the Inspector General of Police (Crimes), Director General of Police, and the Chief Secretary to the Government of Kerala. The Inspector General of Police (Crimes) shall submit a report within three moths, indicating the steps taken by him in the matter. Call on 1-8-1988 for consideration of the report. Criminal Miscellaneous Case is disposed of as above. Allowed.