1. Dr. S.C. Mishra is the Chief Medical Officer working in Dr. Ram Manohar Lohia Hospital, New Delhi. His son Abhishek Mishra was studying in B.I.T., Mesra, Ranchi, Jharkhand.

2. On 08.12.2006, he received a telephone call from one Ragini, the daughter of Shri Laloo Prasad Yadav, Union Railway Minister, who is also studying in same college and a college friend of his son, informing him that Abhishek his son got drowned in Dassam Fall.

3. Then the parents of the deceased as well as the relatives of the deceased took flight and came to the spot on 09.12.2006, only on the next day.

4. The body was fished out from Dassam Falls. He found serious cut injuries on the body of the deceased. Without conducting any investigation as to real cause of death, the police hurriedly made an announcement that death was due to drowning.

5. He was informed that Ragini Kumari and two other friends, who accompanied to Dassam Falls, were taken to the Chief Ministers House on 08.12.2006 night. Thereafter, they were not available.

6. The postmortem report also has been hurriedly issued giving opinion that death was due to drowning. Since there were apparent deep injuries on the head, eyes and in one of the legs with deep oval shaped incision with blood stains on his face, lips smashed, ear lobe cut and severe eye injuries, the parents of the deceased felt that it was not a death by drowning in the water, but it appears he was murdered and then thrown into the water.

7. The father of the deceased was treated badly by the police as they were so rude and caused annoyance to him. Consequently, the father felt the local police personnel were not interested in bonafide investigation, but under the political pressure, the police is trying to hush up the matter as if It was a case of drowning.

8. Under the above fear and apprehension, Dr. S.C. Mishra, the Chief Medical Officer, Dr. Ram Manohar Lohia Hospital, New Delhi, being a respectable person, having felt humiliated at the hands of the local police and having lost the confidence in the bonafide of State investigating agency, sent a letter to the High Court on 12.12.2006, addressed to the Chief Justice, mentioning various circumstances over the suspicious death of the deceased, as mentioned above, and also about the biased attitude of the local police, who is acting under the political pressure and requesting for a direction for transfer of investigation to C.B.I. by treating the letter as a writ petition.

9. On the letter being placed for the orders, the Chief Justice directed the Registry to institute suo-motto writ. The matter was placed before the First Bench on 19.12.2006. Notice was issued. The Advocate General was present on the date. After treating the letter as writ petition, Mr. Rajiv Ranjan, counsel practicing in this Court was appointed Amicus Curiae to assist this Court. Mr. Rajiv Ranjan was permitted to contact Dr. S.C. Mishra, the petitioner, to collect further information and instructions so that he could assist the Court effectively. Then the matters were adjourned to 08.01.2007.

10. On 08.01.2007 the petitioner, Dr. S.C. Mishra, was present before this Court. He represented that he has engaged Rajiv Ranjan, who was appointed as Amicus Curiae, as the counsel of his choice and gave all the instructions to him. On the same day, Dr. S.C. Mishra filed an affidavit to the said effect reiterating the contents of the letter enclosed with various documents and photographs and CDs. indicating that there is suspicion over the death of the deceased, his son. As directed, all the copies were handed over to the Advocate General, appearing on behalf of the State to enable him to get instructions and reply from the investigating agency.

11. Initially, Deputy Superintendent of Police, who is a Supervising Officer over the investigation conducted by the Sub Inspector of Police, filed an affidavit mentioning about the stage of the investigation. Further time was given to file a further affidavit. Acc