IMPORTANT POINT
The court ruled that allegations against police do not automatically necessitate a CBI investigation; substantial evidence of misconduct is required.

JUDGMENT :

In the early hours of 10.05.2023, a young lady doctor was attacked by a patient. The doctor later succumbed to her injuries. The tragic death of Dr. Vandana Das-daughter of the petitioners, was a rude awakening for all. The alleged culprit, Sri. Sandeep, the additional 5th respondent in this writ petition, is stated to have attacked the deceased with a pair of scissors taken from the treatment table. The incident caused profound pain in every Keralite. As the investigation proceeded, the parents of the victim approached this Court, wanting the investigation to be carried out by the Central Bureau of Investigation (for short ‘the CBI’).

2. Crime No.1202 of 2023 of Kottarakara Police Station was registered on 10.05.2023 alleging that Sri. Sandeep had stabbed Dr. Vandana Das repeatedly, using a pair of scissors and committed the offences under Sections 341, 324, 333 and 307 apart from Sections 3 and 4 of the Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Act, 2012. After the injured doctor succumbed to her injuries, the offence under Section 302 IPC was also added.

3. Petitioners allege that the investigation has not been fair or transparent and should be conducted by a more specialized and independent agency. During the pendency of this writ petition, the investigation was completed, and the final report was also filed. Referring to the final report, petitioners have, through their reply affidavit, contended that the investigation has absolved the omissions of the police officers who failed to prevent the crime despite being present at the scene. Petitioners alleged that a fair investigation was not conducted by the local police, and hence, the circumstances require an investigation by the CBI.

4. In the counter affidavit filed by the investigating officer, it is mentioned that statements of more than 100 witnesses have been taken with 86 documents seized, and the investigation was being conducted in a highly professional manner and all scientific methods have been used to unearth the truth. The narrative also mentions the manner in which the unfortunate event unfolded in the early hours of 10-05-2023 and how the accused grabbed a pair of scissors from the procedure room clandestinely and stabbed his relative Rajendran Pillai, a neighbour Manu, apart from three Police personnel viz. Shri. Baby Mohan, a Grade Sub Inspector, Home Guard Alex Kutty, and Grade ASI Manilal, who was on aid post duty. It refers to the sequence of events and how Dr.Vandana Das got caught inside the observation room of the hospital, unknown to anyone, and was attacked by the accused. The young House Surgeon received 16 stab injuries, six each on her head and chest, three on her left arm and one on her shoulder. On hearing her screams, Dr.Muhammed Shibin the defacto complainant, came running towards the observation room, and he found Sandeep sitting on the floor, stabbing Dr.Vandana Das, who had by then fallen down. Dr. Shibin pulled her by the leg and dragged her out, and both of them went out walking. The police thereafter bolted the main door from the outside to secure the culprit. The injured doctor was shifted to Vijaya Hospital, Kottarakkara, from where she was referred to KIMS Hospital for specialised treatment and later, at 8.25 am, she was declared dead.

5. As the investigation was completed, the case diary was made available to the court for perusal along with a pen drive containing the CCTV footage of the reception area of the hospital, which forms part of the record of the case. The final report arrays Sri. Sandeep as the lone accused, and he has been charged with various offences, including murder. The proceedings before this Court also indicate that on 03.10.2023, the State Police Chief was directed to summon the case diary and interact with the petitioners as a measure of redressing their grievance, if possible and to submit a report to this Court. A report submitte