Kerala High Court
Abhijith K.M vs State Of Kerala on 19 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.20556 OF 2018(T)
PETITIONER/S:
1 ABHIJITH K.M
AGED 21 YEARS
PRESIDENT, KERALA STUDENT UNION, INDIRA BHAVAN,
VELLAYAMBALAM, THIRUVANANTHAPURAM
2 JAIS JOHN JAMES AGED 21 YEARS
S/O.JAMES JOSEPH, KUNNATHVEEDU, SANTHOSH
KAVALA, ONPATHAM COLONY, MUKKOOTTITHARA P.O.,
VECHOOCHIRA, PATHANAMTHITTA - 686510
BY ADVS.
SRI.BABY MATHEW
SRI.SEBASTIAN K.JOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY, STATE
SECRETARIAT, THIRUVANANTHAPURAM - 695001
2 THE UNION OF INDIA
REPRESENTED BY THE SECRETARY, MENISTRY OF HOME
AFFAIRS, NEW DELHI
3 THE CENTRAL BUREAU OF INVESTIGATION
REPRESENTED BY ITS SUPERINTENDENT, KADAVANTHRA,
KOCHI.
4 THE STATE POLICE CHIEF
STATE POLICE HEAD QUARTERS, VELLAYAMBALAM,
THIRUVANANTHAPURAM - 695010
5 THE INSPECTOR GENERAL OF POLICE
THIRUVANANTHAPURAM
6 THE DISTRICT POLICE CHIEF
PATHANAMTHITTA DISTRICT
W.P.(C) No.20556 of 2018
2
7 THE STATION HOUSE OFFICER
VECHOOCHIRA POLCIE STATION,PATHANAMTHITTA.
8 DILEEP MATHEW KOLLAMULLA
AGED 47 YEARS
SOUGHT TO BE IMPLEADED
9 CHRISTIAN ASSOCIATION AND ALLIANCE FOR SOCIAL
ACTION
SOUGHT TO BE IMPLEADED
R1 BY GOVERNMENT PLEADER
R1 BY ADV. SRI.RAJAGOPALAN NAIR.K.R. CGC
R1 BY ADV. SRI. SASTHAMANGALAM S. AJITHKUMAR
SPL.P.P. FOR C.B.I.
R1, R4-7 BY SRI.P.NARAYANAN, SR. GOVT. PLEADER
R2 BY ADV. SRI.RAJAGOPALAN NAIR.K.R., CGC
R3 BY ADV. SRI. SASTHAMANGALAM S. AJITHKUMAR,
SPL.P.P. FOR C.B.I.
R8 BY ADV. B.PRAMOD
R9 BY ADV. C.RAJENDRAN
R9 BY ADV. VIJAYAN.K
OTHER PRESENT:
PP T.R.RENJITH; ASG P.VIJAYAKUMAR
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 19.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.20556 of 2018
3
JUDGMENT
Dated this the 19th day of February, 2021
Jesna Maria James, a young girl of 20 years
doing her IInd year B.Com, has been missing since
22.03.2018. According to her brother, the second
petitioner herein, Jesna was at home when he and
Jesna's father left for work at about 7.00 a.m. on
22.03.2018. But, when he returned by about 5.00
p.m in the evening, Jesna was not at home and did
not reach back even by late night. All efforts to
trace out the girl turned futile and thereupon,
Jesna's father lodged a complaint at the Police
Station, which resulted in a man missing case
under Section 57 of the Kerala Police Act (Crime
No.201 of 2018) being registered at the
Vechoochira Police Station on 23.03.2018. Later,
an investigation team headed by the Inspector of
W.P.(C) No.20556 of 2018
Police, Ranni was constituted. The local police
having failed to make any headway, the writ
petition was filed seeking a direction to hand
over the investigation to the CBI.
2. Pending the writ petition, the
investigation was transferred to the CBCID vide
order dated 24.09.2018 of the State Police Chief.
On 02.11.2020, an interim direction was issued,
requiring the Crime Branch to apprise this Court
as to the outcome of the investigation so far
conducted and as to whether further investigation
is warranted or whether final report is to be
submitted and the reasons for taking the said
stand.
3. In compliance of the direction, a detailed
additional statement has been filed by the Deputy
Superintendent of Police, Crime Branch,
Pathanamthitta. The statement reflects the sincere
W.P.(C) No.20556 of 2018
efforts taken by the Crime Branch to trace out the
missing girl, but without success. In the
concluding part, it is stated that, being the
case of missing of a girl of tender age, the
investigating agency is of the view that it is too
early to take a decision regarding the completion
of the investigation and to file report before the
court as undetected. It is stated that it would be
possible to gather evidence only through covert
investigation, for which a further period of six
months is required.
4. On 12.02.2021, this Court had requested
the Assistant Solicitor General to go through the
statement filed by the Crime Branch and to inform
this Court as to whether the investigation could
be handed over to the CBI.
5. According to the learned ASGI, the
investigation so far conducted indicates of there
W.P.(C) No.20556 of 2018
being something serious and intriguing behind the
missing of Jesna and also of interstate
involvement. It is submitted that the CBI is
willing to take over the investigation, if
necessary infrastructural support is provided by
the State Government. The fair and welcome
submission of the learned ASGI is appreciated.
The writ petition is hence disposed of with
the following directions:
(i) Respondents 1 and 2 are directed to hand
over the case diary and all materials gathered
during the investigation of Crime No.201 of 2018
of Vechoochira Police Station to the
Superintendent of Police, SPE/CBI,
Thiruvanathapuram Unit, forthwith.
(ii) The State Government shall provide
adequate infrastructure and logistic support to
the CBI for conducting the investigation.
W.P.(C) No.20556 of 2018
I hope and wish that, with its forensic
expertise and investigation skill, the CBI will be
able to unravel the mystery and bring solace to
Jesna's family.
Sd/-
V.G.ARUN
JUDGE
Scl/19.02.2021
W.P.(C) No.20556 of 2018
APPENDIX
PETITIONER'S/S EXHIBITS:
EXT.P1: COPY OF THE FIR IN CRIME NO.201/2018
DATED 23/3/2018
EXT.P2: COPY OF THE REPRESENTATION SUBMITTED BY
THE 1ST PETITIONER BEFORE THE CHIEF
SECRETARY OF THE STATE OF KERALA DATED
7/6/2018
EXT.P3: COPY OF THE REPRESENTATION SUBMITTED BY
THE 2ND PETITIONER BEFORE THE CHIEF
SECRETARY OF THE STATE OF KERALA DATED
7/6/2018
RESPONDENT'S/S EXHIBITS:
EXHIBIT R9(a) TRUE PHOTOCOPY OF THE SCREENSHOT OF THE
MATHRUBHUMI NEWS CHANNEL.
EXHIBIT R9(b) TRUE PHOTOCOPY OF THE NEWS ITEM
PUBLISHED IN THE DESABHIMANI DAILY ON
29/4/2020.
EXHIBIT R9(c) TRUE PHOTOCOPY OF THE SCREENSHOT OF THE
MALAYALA MANORAMA NEWS CHANNEL.
