IMPORTANT POINT
Crime investigation – Question of transferring investigation to CBI arises only if overwhelming reasons are made out – It cannot be done by mere asking.

JUDGMENT

K. Haripal, J.—This is a writ petition filed under Article 226 of the Constitution seeking the following reliefs:—

(i) entrust the investigation of Crime No.1989 of 2021 of Palakkad Town South Police Station and Crime No.457 of 2020 of Palakkad Kasba Police Station with 4th respondent CBI for further investigation;

(ii) issue such other Writ, order or direction as may be necessary in the interest of justice.

2. Petitioner is the widow of late Sanjith who was attacked and brutally killed by a group of five identifiable persons on 15.11.2021 while he was moving on a motor cycle with the petitioner on the pillion seat, for dropping her at her workplace. The attack was made at a place by name Mambaram Pudugramam within Palakkad Town South police station limits. While they were moving on the motor cycle, as there were gutters on the road, the vehicle had to be slowed down and at that time a group of five persons was found standing beside a white Maruti car on the side of the road. When the motor cycle was slowed down, they unleashed attack against Sanjith; both of them fell on the road along with the motorcycle. At that time, one of the assailants dragged the petitioner from the spot and they brutally attacked Sanjith using dangerous weapons, swords carried by them. When people gathered, they left the scene in the car. Sanjith was immediately taken to the District hospital, Palakkad. The Doctor declared him dead. On 15.11.2021 Palakkad Town South police registered the crime on the basis of the first information furnished by her.

3. According to the petitioner, her husband Sanjith was the Secretary of Rashtriya Swayamsevak Sangh (RSS), Thenari Mandalam in Elappully panchayat. He was an eye-sore to the Popular Front of India (PFI) and Social Democratic Party of India (SDPI), both are known organisations indulging in propagating extremist ideologies throughout the country. Deceased Sanjith had tried to maintain peace between various communities and was against extremist groups as there were sharp differences in ideologies among RSS, SDPI and PFI; both SDPI and PFI have roots outside India. They are engaged in conversion of people from other communities to Islam by threat, coercion and intimidation. Their activities have caused tensed situations in that area. The husband of the petitioner and his co-workers opposed the extremist ideologies of SDPI and PFI who wanted to suppress the growth of RSS and propagated terrorism in the minds of innocents. On 27.06.2020 an attack was made against Sanjith by SDPI and PFI workers following which crime 457/2020 of Kasba police station was registered alleging offence under Sections 452, 324, 326, 307 read with 34 of the Indian Penal Code. The investigation in that crime is moving at a snail’s pace, that no final report is filed yet, the attempt of the police is to shield the real culprits. Even thereafter there were constant threats against the life of Sanjith from SDPI and PFI activists. The death of Sanjith is the result of a larger criminal conspiracy hatched among the activists of SDPI and PFI. But the investigating agency has not conducted proper, effective and timely investigation in crime 457/2020, which resulted in the unfortunate death of her husband. The larger conspiracy involved in these attacks is not being investigated by the police. The brutal attack was conducted in broad day light, in front of her, at 8.45 am on 15.11.2021. Even though she had made repeated requests to respondents 1 and 2 to investigate the larger conspiracy, those were not considered at all. Even when crime 1989/2021 was registered, they were reluctant in naming the organisations SDPI and PFI, in the FIR. These organisations have roots all over India and abroad, that there are national and international ramifications in the commission of the ghastly murder. The SDPI and PFI activists have indulged in attack against RSS workers in different parts of the country. On 05.02.2019 they had killed one Ramal