Kerala High Court Orders Crime Branch Probe into Advocate's House Theft, Cites Delay and Bias Concerns

Kochi: The Kerala High Court on Monday , September 23, 2024, directed the transfer of the investigation into a significant gold theft at the residence of Advocate Dheeraj Ravi to the District Crime Branch, Kollam. Justice Bechu KurianThomas , presiding over the case [WP(Crl.) No.909 of 2024], cited the considerable delay, lack of any breakthrough in the investigation by the Kollam West Police, and the petitioner's serious apprehensions of bias.

Case Background: Theft and Allegations of Inaction

Advocate Dheeraj Ravi , a practising lawyer in Kollam and former President of the Kollam Bar Association, filed the writ petition alleging inaction and improper investigation by the Station House Officer (SHO) of Kollam West Police Station into Crime No.441/2023. The case pertains to a theft that occurred at his residence on the night of April 28, 2023, where approximately 27 sovereigns of gold were stolen while he and his family were away.

The petitioner sought the constitution of a Special Investigation Team (SIT) and the removal of the current SHO (the fourth respondent) from the investigation.

Arguments Presented

Petitioner's Contentions: Advocate Ravi, represented by Senior Advocate George Poonthottam and Advocates Nisha George, A.L. Navaneeth Krishnan, and Namita Philson , argued that the local police showed a lack of interest in conducting a proper investigation. He alleged: * No effective steps were taken to gather crucial evidence. * A potential vendetta from some police officers, stemming from his active role in protests by the Bar Association against a police Circle Inspector for manhandling a lawyer. * The police were remaining inactive due to the alleged involvement of "persons affiliated to the ruling party in Government" in the crime. * A history of police inaction in other cases highlighted by Bar Association members.

Respondent's Defence: The Station House Officer of Kollam West Police Station, through a statement, contended that: * A Special Investigation Team, including the SHO and five other police personnel, had already been constituted upon the petitioner's complaint. * Fingerprints were collected from the crime scene, but no breakthrough had been achieved yet. * The investigation was proceeding based on available materials and scientific evidence, free from any external interference, with all aspects being earnestly probed.

Court's Reasoning and Transfer Order

Justice Bechu KurianThomas , after hearing both sides, observed that the petitioner, being a member of the legal profession and having been at the forefront of disputes involving advocates and the police, had valid reasons to apprehend an improper investigation by the fourth respondent.

The Court noted, "Though the Assistant Commissioner of Police had constituted a Special Investigation Team based on the complaint of the petitioner, still the fourth respondent has been put in charge." A key concern highlighted by the Court was the lack of progress: "Concededly no breakthrough has been made despite the lapse of almost five months." The judgment emphasized that "Large amounts of gold are purported to have been stolen. Delay can certainly defeat the cause of justice."

Considering these factors, the Court found merit in the petitioner's plea for a change in the investigating agency. Justice Thomas stated: > "Considering the nature of allegations raised against the present investigation and also bearing in mind that no breakthrough has been made till now, I am of the view that the investigation ought to be transferred to the Crime Branch in the interest of justice."

Final Decision and Implications

The High Court disposed of the writ petition with the following directions: 1. The investigation of Crime No.441/2023 of Kollam West Police Station is to be transferred to the District Crime Branch, Kollam. 2. The Assistant Commissioner of Police, Kollam, will have supervisory powers over this investigation. 3. The Commissioner of Police, Kollam City (the third respondent), was directed to issue appropriate orders for the transfer without undue delay.

This decision underscores the judiciary's role in ensuring fair and effective investigation, especially when allegations of bias or prolonged inaction are raised against the primary investigating agency. The transfer aims to instill confidence in the investigative process and expedite efforts to resolve the theft case.