The main legal principle established is the need for a trial to establish the offence under S.193 IPC beyond reasonable doubt, independent of opinions formed during the enquiry under S.340(1) Cr. P. C.

1. This appeal by special leave is directed against the judgment and order of the High Court of Kerala of June 13,1977, sanctioning a complaint against the appellant along with two others, who are not before us, for an offence under S.193 IPC after making an enquiry under S.340(1) Code of Criminal Procedure, 1973. At the time of granting special leave this Court ordered for impleading the State of Kerala and the State is represented before us by its Advocate General who adopts the arguments of the appellant's counsel, Mr. Debabrata Mookerjee, and also addressed us in support of the appeal.

2. This particular proceeding is an off-shoot out of a habeas corpus application instituted on March 25, 1977, in the High Court of Kerala by T. V. Eachara Warrier who is a retired Professor of Hindi of the Government. Arts and Science College, Calicut. His son Rajan who was a a final year student in the Regional Engineering College, Calicut, was a resident of the College Hostel. Shri Warner received a registered letter from the Principal of the College informing him that bis son, Rajan, was arrested and taken into police custody on March 1, 1976.

3. This was a time when the proclamation of emergency had been in force in the country since June 25, 1975. Nothing, therefore, could be done in the courts in view of the majority decision of the Constitution Bench of this Court (Khanna, J. dissenting) that challenge of even mala fide orders of detention could not be entertained under Art.226 of the Constitution deee Additional District Magistrate, Jabalpur v. S S. Shukla etc. etc. (1976) Suppl. SCR. 172.

4. The heart-broken father had to make numerous efforts and entreaties in appropriate quarters, high and low, to anyhow ascertain the whereabouts of his son. The point that is relevant is that Shri Warrier also saw and met the appellant (Shri Karunakaran) who was then the Home Minister of Kerala, on March 10, 1976, after nine days or the arrest. We are referring to this fact since it will assume some importance as will appear hereinafter on account of omission by Shri Warrier to mention about this interview with Shri Karunakaran in the original writ application. Shri Warder also met the then Chief Minister, Shri C. Achutha Menon, several times and on the last occasion when he had met him "he expressed his helplessness in the matter and said that the same was being dealt with by Shri Karunakaran Minister for Home Affairs". There was also a written representation by Shri Warrier to the Home Minister, Government of India, on August 24,1976, with copy to all Members of Parliament from Kerala. There was a reminder in him on October 22,1976. Certain Members of Parliament also took the matter up with Shri Karunakaran in November, 1976. It is sufficient to state that Shri Warrier did not receive any answer to his piteous queries about the whereabouts of his son. This is how the matter had been dragging keeping the parents in great suspense, misery and distress which can only be imagined.

5. It so happened that the Lok Sabha was dissolved on January 18,1977, and elections to Parliament and the Kerala State Assembly were to take place on March 19,1977. Emergency was also necessarily relaxed. Finding all his efforts to trace the whereabouts of his son unavailing, the respondent ultimately printed out a leaflet inviting attention of the general public in Kerala about his utter distress at the time when the people were about to go to the polls. In the leaflet Shri Warrier had detailed that his son was kept in illegal custody without even informing him and the members of his family his whereabouts. It was mentioned in his original habeas corpus application that during the election Shri Karunakaran, then, Home Minister, had addressed several public meetings in various constituencies of the State and that he had stated during his speeches that Rajan was involved as an accused in a murder case and that was why he was kept in detention. Shri Karunakaran and