Allowed

Sarabi T.P, v. State of Kerala

Kerala HC23 Sept 2022WP(Crl.)/556/2022

Case brief

AI extract

What is this about?

In a Writ Petition, the Kerala High Court allowed a petition challenging the effectiveness of a State Police investigation into a murder committed abroad. The Court held that due to the need for foreign agency coordination and the gravity of the offence, the CBI must take over the investigation.

What did the court decide?

The CBI was directed to take over the investigation of Crime No. 422/2022 forthwith. The District Police Chief was directed to hand over files, and the State Government to provide logistical support a

Sarabi T.P, Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. FRIDAY, THE 23^RD DAY OF SEPTEMBER 2022 / 1ST ASWINA, 1944 WP(CRL.) NO. 556 OF 2022

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PETITIONER:

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SARABI T.P, AGED 55 YEARS W/O. LATE VEERANKUTTY, KURUPPUN THODIYIL HOUSE, CHATHAMANGALAM VILLAGE, EAST MALAYAMMA, MALAYAMMA P.O. KOZHIKODE, PIN-673 601. BY ADVS. ARUN KRISHNA DHAN T.K.SANDEEP ARJUN SREEDHAR ALEX ABRAHAM VEENA HARIKUMAR RICHARD JOSEPH.P.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 CENTRAL BUREAU OF INVESTIGATION (CBI), KATHRIKADAVU, KALOOR, KOCHI-682 017.

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3 THE DISTRICT POLICE CHIEF, DISTRICT POLICE CHIEF BUILDING, FEROKH PALAKKAD HIGHWAY, (N.H.213), UPHILL, MALAPPURAM, KERALA-676 504. BY ADV MANU S., DSG OF INDIA ADV SUVIN R.MENON - CGC ADV M P PRASHNATH - SR PP

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 23.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(Crl) No. 556 of 2022

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JUDGMENT

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Dated this the 23^rd day of September, 2022

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The petitioner is the mother of one Haris Thathamma

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Parambil, who was found dead in Abu Dhabi under mysterious circumstances on 5.3.2020. The deceased Haris was an entrepreneur and was running a business consultancy in Abu Dhabi. Ext.P2 and Ext.P3 are the complaints submitted by the deceased during the year 2018 before the Kunnamangalam Police Station and also before the Chief Minister of Kerala, highlighting that he is facing a life threat from his partner named Sri Shybin Ashraf. The aforesaid representation was considered by the Chief Minister, and a direction was issued to the City Police Commissioner to file a report in respect of the same, as per Ext.P4.

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In the meantime, on 5.3.2020, the petitioner's

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son was found dead along with Ms. Dency, who was one of his staff, in Musafa Shabia Apartment in Abu Dhabi. The Abu Dhabi police conducted an investigation and concluded

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that it was a case of suicide, and the investigation was closed with that finding.

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W.P.(Crl) No. 556 of 2022 3 3. Later, on 29.4.2022, one Sakkir, one Noushad and Salim attempted to commit suicide before the Secretariat at Thiruvananthapuram, stating that their lives were in danger and Sri Shybin Ashraf, who was referred to in Ext P2 and P3 complaints by the deceased, has been threatening and making attempts to murder them. In the said process, the said Noushad made a disclosure by way of a video uploaded in a YouTube channel, which was reported by one of the Malayalam news channels, wherein it is mentioned that they murdered the son of the petitioner and the lady named above as per the instructions of said Shybin. He also handed over a pen drive containing the evidence of the said murder, which was watched by the said Shybin live online. Based on the said information, Ext.P7 and Ext.P8 complaints were submitted by the petitioner. Ultimately, based on the same, Ext.P12 FIR was registered by Nilambur Police Station for the offences punishable under Sections 302 and 120 B read with 34 of the Indian Penal Code against Shybin Ashraf and nine other persons.

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The petitioner's grievance is that even though a crime is registered as per Ext.P12, no effective

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W.P.(Crl) No. 556 of 2022

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investigation is being conducted. The grievance highlighted by the petitioner is that, as the incident, which is the subject matter of the case, occurred in Abu Dhabi, a proper investigation cannot be conducted by the State Police. Therefore she seeks an order to hand over the investigation to the Central Bureau of Investigation (CBI), and this writ petition is submitted in such circumstances.

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Heard, Sri. Arjun Sreedhar, learned counsel appearing for the petitioner, Sri. M.P. Prashanth, the learned Senior Public Prosecutor for the State and Sri. Suvin R. Menon, the learned Central Government Counsel, appearing for the 2^nd respondent/Central Bureau of Investigation (CBI).

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The contention of the learned counsel for the petitioner is regarding the hurdles which may come across in the investigation that is being conducted by the State Police, because the incident has occurred in Abu Dhabi based on a conspiracy alleged to have been hatched in Kerala. Therefore, it was contended that, to conduct an effective investigation, it is absolutely necessary that a Central Agency that can co-ordinate with Foreign Agencies has to be engaged for conducting the investigation.

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W.P.(Crl) No. 556 of 2022

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The learned Public Prosecutor made available a

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statement of fact from the State Police, and in that statement also, they expressed their difficulties in conducting and continuing the investigation. They further suggested that, the investigation may be carried out by the 2^nd respondent herein.

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On the other hand, the learned Counsel appearing for the 2^nd respondent refuted the above contentions by stating that this is not a matter required to be investigated by the Central Bureau of Investigation (CBI). Learned Deputy Solicitor General also highlighted the lack of manpower to conduct the investigation into the matter.

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After perusing the entire records and hearing the arguments from the respective counsels concerned, I am of the view that some interference is required to be made by this court, by invoking the powers under Article 226 of the Constitution of India. It is evident from the records that, the deceased was murdered in a gruesome manner along with a lady. The statement on behalf of the State Police Officer indicates that such a crime has been committed abroad based on a conspiracy hatched in

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W.P.(Crl) No. 556 of 2022

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Kerala. It is also the case that, after engaging persons to commit murder, the 1^st accused watched the atrocities live, through some devices. Thus the facts of this case indicate that a person was murdered in a gruesome manner based on a well-planned strategy which was well executed. So far, the culprits could cover up the aforesaid incident and the same came to light only when one person, who was directly involved in the commission of the crime, revealed the facts relating to the same. Now it is reported that the 1^st accused is in the custody of the Police in connection with an investigation of another gruesome murder of a different person named Shaba Shereef.

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Therefore, on an overall examination of the facts and circumstances of the case, I am of the view that this is a matter to be seriously investigated, and the truth has to be found out. As rightly pointed out by the learned Public Prosecutor, since the incident occurred in Abu Dhabi, coordination with the Foreign Agency that investigated the matter initially, is absolutely necessary. The same may not be within the reach of the State Police, and the competent authority to conduct such an investigation can only be the Central Bureau of Investigation (CBI). Even though the

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W.P.(Crl) No. 556 of 2022 7

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learned Deputy Solicitor General highlighted their difficulties on account of manpower, I am of the view that considering the gravity of the offence, the gruesome manner in which it was committed and the necessity to have proper coordination with foreign agencies for conducting the investigation, this is a matter to be investigated by the Central Bureau of Investigation (CBI).

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In such circumstances, this writ petition is allowed, and the 2^nd respondent is directed to take up the investigation of Crime No. 422/2022 of Nilambur Police Station forthwith, and conduct an effective investigation. The 3^rd respondent is directed to pass appropriate orders for handing over the entire files relating to the said case to the 2^nd respondent. It is further directed that the 1^st respondent shall provide necessary assistance as well as necessary logistical support and accommodation to the 2^nd respondent at the State Level.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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SK/24.9

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W.P.(Crl) No. 556 of 2022

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APPENDIX OF WP(CRL.) 556/2022

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PETITIO	NER'S EXH	IBITS
EXHIBIT	P1	A TRUE COPY OF THE AND NAZLEENA.	PHOTOGRAPHS OF MR.SHYBIN
EXHIBIT	P2	A TRUE COPY OF THE BEFORE THE SUB-INSP KUNNAMANGALAM DATED	COMPLAINT FILED BY HARRIS ECTOR OF POLICE 28.02.2018.
EXHIBIT	P3	A TRUE COPY OF THE 26.03.2018.	REPRESENTATION DATED
EXHIBIT	P4	A TRUE COPY OF THE SECRETARY TO THE CH 27.03.2018.	ORDER ISSUED BY THE IEF MINISTER DATED
EXHIBIT	P5	A TRUE COPY OF THE HARRIS BEFORE THE C KOZHIKODE DATED 06.	COMPLAINT PREFERRED BY ITY POLICE COMMISSIONER, 04.2018.
EXHIBIT (SEALED	P6 COVER)	A COMPACT DISC (C.D REPORT PUBLISHED BY ON 29.04.2022 IN HT	.) CONTAINING THE NEWS MANORAMA NEWS IN YOUTUBE TPS://YOUTU.BE/XT0TULJLZDC
EXHIBIT	P7	A TRUE COPY OF THE 24.05.2022 BEFORE T POLICE, MALAPPURAM.	REPRESENTATION DATED HE SUPERINTENDENT OF
EXHIBIT	P7(A)	A TRUE COPY OF THE 30.05.2022.	PROOF OF DELIVERY DATED
EXHIBIT	P8	A TRUE COPY OF THE 24.05.2022 BEFORE T POLICE, TRIVANMDRUM	REPRESENTATION DATED HE DIRECTOR GENERAL OF .
EXHIBIT	P8(A)	A TRUE COPY OF THE 30.05.2022.	PROOF OF DELIVERY DATED
EXHIBIT	P9	A TRUE COPY OF THE 24.05.2022 BEFORE T OF KERALA.	REPRESENTATION DATED HE HON'BLE CHIEF MINISTER
EXHIBIT	P9(A)	A TRUE COPY OF THE 30.05.2022.	PROOF OF DELIVERY DATED
EXHIBIT	P10	A TRUE COPY OF THE POLICE SUPERINTENDE 24.06.2022.	REPLY ISSUED BY THE DEPUTY NT, NILAMBUR DATED
EXHIBIT	P11	A TRUE COPY OF THE NO.1718/2022 BEFORE CLASS MAGISTRATE CO	PETITION IN C.M.P THE HON'BLE JUDICIAL FIRST URT, NILAMBUR.
EXHIBIT	P12	A TRUE COPY OF THE DTD 13.07.2022 BY T	FIR IN CRIME NO.422/2022 HE NILAMBUR POLICE STATION.

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RESPONDENTS' EXHIBITS: NIL

Sarabi T.P, v. State of Kerala

Case brief

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Sarabi T.P, v. State of Kerala

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