IMPORTANT POINTS
Where period of limitation is prescribed within which the action is to be brought before the court, if the action is not brought within that prescribed period the aggrieved party loses remedy and cannot enforce his legal right after the period of limitation is over. Likewise, in other cases even where no limitation is prescribed, but for a long period the aggrieved party does not approach the machinery provided under the law for redressal of his grievance, it can be presumed that relief can be denied on the ground of unexplained delay and laches and/or on the presumption that such person has waived his right or acquiesced into the act of other.

JUDGMENT :

S. MANIKUMAR, J.

Instant writ petition is filed seeking for a direction to the first respondent/State of Kerala to hand over the investigation of Crime No.168/2001 4th of Binanipuram Police Station to the respondent/Central Bureau of Investigation forthwith and to complete the investigation and submit final report within a time frame.

2. Brief facts leading to the filing of instant writ petition are as follows:

One young man namely Daiju, aged 19 years, was found hanging on 16.10.2001 in IRE compound at Edayar in the year 2001. IRE compound situates within the jurisdiction of Binanipuram Police Station, Edayar in Ernakulam District. The Binanipuram Police registered Ext.P1 FIR No.168/2001 in the said incident. Ext.P1 shows that the death of Daiju was unnatural death under mysterious circumstances. Subsequently, Binanipuram Police prepared Ext.P2 inquest report of the above said incident with 5 witnesses including the petitioner herein. According to Ext.P2, the deceased was found hanging about 3.25 meters height from ground on a huge cashew nut tree of the age not less than 25 years and his both hands were tied behind. After investigation, Binanipuram Police filed Ext.P3 final report with the conclusion that the deceased committed suicide by hanging.

3. On the above facts, the learned counsel for the petitioner submitted that the circumstantial evidence as is evident from Ext.P2 clearly shows that it was a brutal homicide involving several persons as a result of a conspiracy. Grievance of the petitioner is that though names of certain persons were pointed out, the investigating officer was reluctant to even question the said persons or to conduct any investigation, but closed the said file as a case of suicide. In the said circumstance, petitioner has submitted Ext.P4 representation before the 2nd respondent/Director General of Police seeking for a thorough and impartial investigation into the unnatural death within Binanipuram Police Station limits through a senior police officer or through another independent agency. Since there was no effective action on Ext.P4, the petitioner has approached this court by filing W.P.(C)No.33920/2016 seeking investigation of Ext.P1 crime of Binanipuram Police Station through the Central Bureau of Investigation or any identical investigating agency. This court dismissed the said writ petition vide judgment dated 5.2.2019 (Ext.P5) holding that this judgment will not stand in the way of the petitioner in filing public interest litigation, if permitted under law. Hence the present public interest writ petition.

4. According to learned counsel for the petitioner, in the light of Ext.P2 inquest report, the finding in Ext.P3 final report that the death of Daiju was suicide is unbelievable. Mystery shrouds on the death of Daiju and a proper impartial investigation through an agency other than the Binanipuram Police is highly necessary in the interest of justice. Ext.P2 clearly indicates that the body of deceased Daiju was hanging at a height of about 3.25 meters from the ground on a cashew nut tree in such a condition that his both hands were tied behind. It is unbelievable that a person while attempting to commit suicide himself would be able to tie his own hands behind his body. Therefore, it clearly indicates presence of other persons at the occurrence site. The investigating officer ought to have looked into the said aspect and ought to have conducted a proper investigation into the death of Daiju. The parents and relatives of deceased Daiju are unable to come forward seeking CBI investigation into the unnatural death of Daiju as they are intimidated by anti-social elements with dire consequences, if they resort to move seeking investigation into the unnatural death of Daiju. Therefore, the petitioner who is a social worker, has endeavored to move this Public Interest Litigation seeking CBI investigation in Crime No.168/2001 of Binanipuram Police Station.

5. On instructions, learned Senior Go