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2026 Supreme(Online)(Ker) 9157

IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU, J
V.P. MUHAMMEDALI – Appellant
Versus
CHIEF ELECTORAL OFFICER STATE OF KERALA – Respondent
WP(C) NO. 2013 OF 2026



Advocates:
For the Appellants/Petitioners: SRI.C.UNNIKRISHNAN, SRI.D.JAYAKRISHNAN, SHRI VIJAYKRISHNAN S. MENON, SHRI.VIVEK NAIR P., SHRI.K.S.ARAVIND, SHRI.G.GOWARDHAN, DEV G. NAIR, SHRI.M.R.RADHAKRISHNAN, SMT.GARGI RAMACHANDRAN, SMT.NADIYA K.M., SHRI.SHIBU S., SHRI.SONE SALIM
For the Respondents: GOVERNMENT PLEADER, DIRECTOR GENERAL OF PROSECUTION P.NARAYANAN, SPL. G.P. TO DGP AND ADDL. P.P., SHRI.SAJJU.S., SENIOR G.P.

The court affirms the importance of continuity in criminal investigations by directing the retention of the Special Investigation Team, thereby safeguarding the integrity of the investigative process.

Headnote:This judgment concerns a Writ Petition filed under Article 226 of the Constitution of India, specifically highlighting the petitioner's request regarding the retention of a Special Investigation Team (SIT) involved in a grave crime. The petitioner is the victim in Crime No. 841/2025 and contends that the transfer of the investigation team undermines the investigation's integrity. The court finds merit in retaining the same SIT for continuity in solving the case. The findings affirm the necessity for the SIT's involvement as a matter of public interest. Underlining the critical nature of the investigation, the court issues a writ directing the respondents to retain the members of the SIT and allow them to perform their duties without disturbance, thus allowing the writ petition.

Table of Content
1. context of the writ petition and crime details (Para 3)
2. judicial observation on investigation continuity (Para 4)

JUDGMENT Dated this the 9th day of February, 2026 The prayers in this Writ Petition filed under Article 226 of the Constitution of India are as follows:-

“1. Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents 1 to 3 to consider and pass appropriate orders on Ext.P3 representation dated 06.01.2026, within such time as this Hon’ble Court may deem fit and until then the Investigation officer & members of the SIT mentioned in Ext.P2 shall not be disturbed/ transferred 2. issue appropriate writ to retain the same investigation team.”

2.The petitioner is the victim in Crime No. 841/2025 of Police Station, Chalissery, which is now re-registered as Crime 32/2026 of Ottappalam Police Station for the commission of offences U/s. 137(2), 140(3), 324(5), 351(3), 109, 111, 116(f), 238, 311, 308(6), 140(2), 249 & 3(5) of Bharatiya Nyaya Sanhita , 2023.

3.The investigation of the crime is being conducted by a Special Investigation Team (SIT). The grievance of the petitioner is that the Government have taken a decision to transfer the Investigation Officer and other members of the SIT by way of a general transfer order. The petitioner submitted Ext.P3 application before the State Police Chief requesting to retain the members of the SIT.

4.The learned Public Prosecutor, upon instructions, submitted that, considering the grave nature of the offences involved and the necessity for continuity in the investigation, the District Police Chief had addressed the State Police Chief to explore the possibility of retaining the members of the SIT. Having regard to the recommendation of the District Police Chief, based on the gravity of the offence, this court feels that investigation is to be continued by the SIT. Therefore, the respondents 2 and 3 are directed to retain the members of the SIT to facilitate them in completing the investigation.

The writ petition is allowed as above.

Sd/-

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