The High Court of Kerala dismissed a writ petition seeking transfer of a police investigation to the CBI following the death of a petitioner's son. The court found no evidence of police brutality or medical records of assault, and relied on an action-taken report stating death resulted from coronary disease.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 6TH DAY OF MARCH 2024 / 16TH PHALGUNA, 1945 WP(CRL.) NO. 154 OF 2023
CRIME NO.1798/2020 OF ADOOR POLICE STATION, PATHANAMTHITTA
PETITIONERS:
1 JOY KUTTY K.K AGED 60 YEARS, S/O.KUTTY KOCHUMUVALIL, MALANKAVU, NELLIMUKAL P.O., ADOOR, PATHANAMTHITTA, PIN - 691551
2 KUNJAMMA K.K AGED 55 YEARS, D/O.KOCHUKUNJU KUTTY KEEZHEDATHU HOUSE, KANNAMKOD MURI, ADOOR VILLAGE, PATHANAMTHITTA DISTRICT, PIN - 691523 BY ADVS. SRI.SANTHAN V.NAIR SMT.CHRISTEENA P GEORGE SRI.SAFAL P. SALIM
RESPONDENTS:
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SRI.ASHI M.C., PUBLIC PROSECUTOR DR.K.P.SATHEESAN, (SR)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 27.02.2024, THE COURT ON 06.03.2024 DELIVERED THE FOLLOWING:
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BECHU KURIAN THOMAS, J.
-----------------------------------W.P.(Crl.) No.154 of 2023
Dated this the 6th day of March, 2024
JUDGMENT
Petitioners’ son - Sri. Joel M.J., died on 22.05.2020. Petitioners allege that the death is attributable to brutal assault by the police. Hence they seek for a writ of mandamus to handover the investigation in Crime No.1798/2020 of Adoor Police Station, Pathanamthitta to the Central Bureau of Investigation (for short 'CBI') for a proper investigation.
with an accident as it collided with another car whose driver assaulted their son in public apparently under the influence of alcohol. On being informed about the incident, the police reached the scene of the accident and took both the drivers to the police station. Later, at the intervention of mediators, the matter was settled. When the petitioners, along with their son, were about to leave the police station, it was intimated that Sri. Joel can leave after meeting the Circle Inspector of police. Petitioners’ son had to wait till 7 pm on the said day to meet the Circle Inspector. Petitioners
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allege that after the Circle Inspector reached the police station, he brutally assaulted their son. As a witness to the assault, the second petitioner even fainted and had to be taken to the hospital. Petitioners further allege that while the second petitioner was being attended to at the hospital, she overheard a conversation between the doctor and the Circle Inspector, with latter directing the doctor not to admit the second petitioner. Petitioners also allege that in the meantime, Sri.Joel, who was subjected to severe assault, was asked to keep his mouth shut during the medical examination and fearing criminal cases being lodged against him, petitioners' son did not report the incident. Later, Sri.Joel had to be subjected to various treatments due to the ill-treatment inflicted upon him and while so, on 22.05.2020, he fainted, and later passed away on the way to the hospital.
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Police Chief and when they went to the police headquarters, they were instructed to meet some other officer and not the second respondent. Even thereafter, no concrete steps have been initiated. Since the petitioners have lost their faith in the manner and nature of the investigation being conducted, they have approached this Court to handover the investigation to the CBI.
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was suffering from Hepatitis A. It was also opined that death could not have occurred due to any alleged assault on 01.01.2020.
W.P.(Crl.) No.154/23
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this Court.
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Therefore, there is no merit in this writ petition, and it is dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE
vps
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APPENDIX
| PETITIONER'S/S' | EXHIBITS | ||
|---|---|---|---|
| EXHIBIT P1 | TRUE COPY | O | F THE JUDGEMENT PASSED BY |
| THIS HON'B DATED 20.1 |
LE 0.2 |
COURT IN WPC NO. 11907/2020 020 |
|
| EXHIBIT P2 | A COPY OF NIL PREPAR |
THE ED |
INVESTIGATION REPORT DATED BY THE DY.S.P, ADOOR |
| EXHIBIT P3 | TRUE COP | Y | OF THE COMPLAINT DATED |
| 22.2.2021 | FI | LED AS CMP NO. 479 OF 2021 | |
| BEFORE MAGISTRATE |
THE CO |
JUDICIAL FIRST CLASS URT, ADOOR |
|
| EXHIBIT P4 | TRUE COPY ISSUED TO |
OF THE |
THE NOTICE DATED 21.11.2022 2ND RESPONDENT |
| EXHIBIT P5 | TRUE COPY ISSUED BY |
OF INS |
THE NOTICE DATED 16.1.2023 PECTOR OF POLICE, ADOOR |
3 issues framed by the court
Whether the investigation into the death of a petitioner's son, allegedly caused by police brutality, should be transferred to the CBI under Article 226 of the Constitution.
Whether the allegations of police brutality against the local police are supported by credible evidence requiring CBI intervention.
Whether the postmortem report indicated any injury or assault causing the death.
Colour shows how this judgement treated each authority
Vishal Tiwari v. Union of India and Others [2024 SCC Online SC 15]Referred¶8
2 provisions across 2 enactments
Joy Kutty K.K
Kunjamma K.K
State of Kerala
State Police Chief
District Police Chief
Central Bureau of Investigations
Bechu Kurian Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
