The power to transfer investigation to the CBI must be exercised sparingly and in extraordinary circumstances, and strong evidence of inadequacy or bias in the local police investigation is required.

JUDGMENT

Petitioners’ son - Sri. Joel M.J., died on 22.05.2020. Petitioners allege that the death is attributable to brutal assault by the police. Hence they seek for a writ of mandamus to handover the investigation in Crime No.1798/2020 of Adoor Police Station, Pathanamthitta to the Central Bureau of Investigation (for short 'CBI') for a proper investigation.

2. On 01.01.2020, the motor car driven by the petitioners' son met with an accident as it collided with another car whose driver assaulted their son in public apparently under the influence of alcohol. On being informed about the incident, the police reached the scene of the accident and took both the drivers to the police station. Later, at the intervention of mediators, the matter was settled. When the petitioners, along with their son, were about to leave the police station, it was intimated that Sri. Joel can leave after meeting the Circle Inspector of police. Petitioners’ son had to wait till 7 pm on the said day to meet the Circle Inspector. Petitioners allege that after the Circle Inspector reached the police station, he brutally assaulted their son. As a witness to the assault, the second petitioner even fainted and had to be taken to the hospital. Petitioners further allege that while the second petitioner was being attended to at the hospital, she overheard a conversation between the doctor and the Circle Inspector, with latter directing the doctor not to admit the second petitioner. Petitioners also allege that in the meantime, Sri.Joel, who was subjected to severe assault, was asked to keep his mouth shut during the medical examination and fearing criminal cases being lodged against him, petitioners' son did not report the incident. Later, Sri.Joel had to be subjected to various treatments due to the ill-treatment inflicted upon him and while so, on 22.05.2020, he fainted, and later passed away on the way to the hospital.

3. The death of petitioners' son resulted in the registration of Crime No.1798/2020 before the Adoor Police Station under section 174 of Cr.P.C. Petitioners raised doubts about the cause of death of their son, as they believed that it was on account of police brutality. Therefore, W.P.(C) No.11907/2020 was filed before this Court for a direction to handover the investigation to CBI. Since this Court noticed that representation had been filed before the State Police Chief, the writ petition was disposed of directing the representation to be considered. Later, pursuant to judgment dated 20.10.2020, petitioners were called for a hearing before the State Police Chief and when they went to the police headquarters, they were instructed to meet some other officer and not the second respondent. Even thereafter, no concrete steps have been initiated. Since the petitioners have lost their faith in the manner and nature of the investigation being conducted, they have approached this Court to handover the investigation to the CBI.

4. A memo has been filed by the respondents producing an action taken report prepared by the Additional Director General of Police on behalf of the State Police Chief wherein it is stated that in compliance with the direction of this Court in W.P.(C) No.11907/2020, the petitioners were called for a personal hearing by the State Police Chief on 18.01.2023 and after hearing them in detail and on scrutiny of the enquiry report of the Deputy Inspector General of Police, Ernakulam Range, the allegations raised by the petitioners were found to be without any merit and therefore the petition was closed without recommending any further action. The report also mentions that police had enquired with the doctor who conducted the postmortem, and a Senior Cardiologist of the Medical College Hospital was also consulted for expert opinion regarding the cause of death of the petitioners’ son, apart from verifying all the connected records. According to the respondents, the opinion of the experts revealed that Sri. Joel died due to occlusive cor