SUPREME COURT OF INDIA
M.N. VENKATACHALIAH, P.B. SAWANT AND N.P. SINGH, JJ.
Crl. MP Nos. 3378 of 1991 and 4456 of 1992 (in Petn. for Special Leave of Appeal No. 2755 of 1988)
Decided on 24-9-1992.
Advocates appeared
M/s. K. N. Balgopal and C. N. Sreekumar, Advocates, for Petitioner; Mr. M. T. George, Advocate, for Respondent.
* Cri.Misc. No. 328 of 1988,D/- 8-4-1988 (Ker).
Investigation of Allegations – Degree of Indifference – Serious Offence Alleged – Petitioner approached this Court urging that the Police force in the State which had been angered by his journalistic disclosures, was bending its energies to break him and that it would be travesty and farcical that the Police of State is asked to investigate its own crimes wanted an investigation by C.B.I. Unfortunately events as have unfolded themselves render his apprehensions not illegitimate – Court put faith in professional honour of Police machinery of State and trusted them to carry out an expeditious investigation into serious complaints of petitioner question arises whether that trust was really justified – Court then did not accept petitioner impassionate plea that the investigation be entrusted to C.B.I. and not to local Police – Held, Deputy Inspector General of Police (now working as the Vigilance Officer of Hotel Corporation of India) and the Chief Secretary representing the State, to show-cause why action should not be taken against them for the lapses and omissions in obeying orders of this Court – Home Secretary as will appear personally before this Court while Chief Secretary may be represented by his counsel. Notices in the appropriate form shall issue to them for proceedings of contempt of Court – Petitioner have suffered travails in pursuit of an honest investigation of his serious grievance against the Police Officers of State have not ended has been running from pillar to post to have his serious grievance that Superintendent of Police virtually destroyed his Press investigated think least that we should do to him immediately is to compensate him in terms of costs for his being compelled to approach Court repetitively for relief direct State of Kerala to pay to the petitioner costs now tentatively assessed, in addition to whatever damages that may be determined finally – Order accordingly.
JUDGMENT
ORDER: —The developments in this case are disquieting. We are perturbed by the way in which State of Kerala and its officers have dealt with the orders of this Court. The matter calls for a fresh and detailed approach. An order of this Court made on 22-12-1989 directing completion of investigation of allegations of physical violence on and destruction of the Printing Press of journalist by the police within two months is yet to be completed even after a lapse of nearly 3 years.
2. A journalist in the State of Kerala complained of an attack on his person and property at the instance of the Police Officers of the State. The High Court in the writ petition filed by him, thought it appropriate that the Deputy Inspector General of Police, Northern Range, be "asked to look into the complaint on the petitioner making a representation in that behalf."
Petitioner approached this Court urging that the Police force in the State which had been angered by his journalistic disclosures, was bending its energies to break him and that it would be travesty and farcical that the Police of the State is asked to investigate its own crimes. He wanted an investigation by the C.B.I. Unfortunately, events as have unfolded themselves, render his apprehensions not illegitimate. But the Court put faith in the professional honour of the Police machinery of the State and trusted them to carry out an expeditious investigation into the serious complaints of the petitioner. A question arises whether that trust was really justified. This Court then did not accept the petitioners impassionate plea that the investigation be entrusted to the C.B.I. and not to the local Police. It preferred to accept the assurance on behalf of the State by Sri Poti, its learned counsel. We may recall what Mr. Poti had said on that occasion, as recorded in the order dated 22nd December 1989:
"Shri Poti, learned Senior Advocate appearing for the State of Kerala submitted that there is no justification for the petitioner to express such extreme cynicism against the entire system and that there are, yet, many Police Officers in the State who can be trusted to maintain high degree of professional integrity and honour and rise above departmental bias. He suggested that if petitioner has any reservations about the Deputy Inspector-General of Police, Northern Range, on account of the circumstances that the accused officers function in that Range the Court could appoint Shri M. G. A. Raman, Deputy Inspector General of Police, Central Range and entrust the work of supervision of the investigation to him. Mr. Poti assured us that the State Government would issue all the necessary and appropriate notifications authorising Shri M. G. A. Raman to supervise the investigations. We think, we should accept Shri Potis submissions.
3. From hindsight and what has transpired since then serious doubt arises whether, at all, the interest of justice was served by the acceptance of that submission.
It was accordingly directed that instead of the D. 1. G. of Police. Northern Range, indicated in the order of the High Court, Mr. M. G.A. Raman, Deputy Inspector General of Police, Central Range, would supervise the investigation. It was also directed that a case be registered on the basis of the representation submitted by the petitioner to Mr. Raman and the investigation "be completed within a period of two months from the date of receipt of such representation". Pursuant to this order, a representation was made to Mr. Raman by the petitioner.
Mr. Raman, we regret to have to record, apparently did not complete the investigation within the time-frame. He did not even bother to move this Court for an extension of time if he found that he could not complete the investigation within time. We take serious note of this attitude on the part of Mr. Raman which, if tolerated, would reduce the proceedings of the highest Court of the land to a farce. According to the petitioner, Mr. Raman did nothing during the period
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