Kerala High Court
Cherish George vs Union Of India on 3 October, 2024
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
1
W.P.(C)No.31709 of 2024
2024:KER:73514
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MRS. JUSTICE C.S. SUDHA
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO. 31709 OF 2024
PETITIONER:
CHERISH GEORGE
AGED 38 YEARS
OCC : PRODUCER/DISTRIBUTOR OF FILM,
S/O. GEORGE JOSEPH, GEEMANGALAM, PACHA,
CHEKKIDIKADU POST, EDATHUA, ALAPPUZHA DISTRICT,
PIN - 687953
BY ADVS. BIJU ANTONY ALOOR
K.I.TOGI
ASHIK JONU M.
AMRUTHA RAJAN T.K.
SREELAKSHMI K.
REBIN VINCENT GRALAN
RESPONDENTS:
1 UNION OF INDIA
(REP BY PRINCIPAL SECRETARY) DEPARTMENT OF HOME
AFFAIRS, 2ND FLOOR, A BLOCK, VIKAS BHAVAN,
IP ESTATE, NEW DELHI, PIN - 110002
2
W.P.(C)No.31709 of 2024
2024:KER:73514
2 THE DIRECTOR
(CENTRAL BUREAU OF INVESTIGATION) PLOT NO: 5 B,
10TH FLOOR, B-WING, CGO COMPLEX, NEW DELHI,
PIN - 110003
3 STATE OF KERALA
REP BY CHIEF SECRETARY, ROOM NO. 138, 2ND FLOOR
NORTH BLOCK, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 DIRECTORATE OF CULTURE & FILM
REP BY ITS DIRECTOR, ANANTHAVILASAM PALACE,
THEKKENADA, FORT POST, THIRUVANANTHAPURAM DISTRICT,
PIN - 695023
5 DIRECTOR GENERAL OF POLICE
ALTHARA JUNCTION, NANDAVANAM, VAZHUTHACAUD POST,
THIRUVANANTHAPURAM DIST., PIN - 695010
6 SPECIAL INVESTIGATING TEAM (SIT)
ADGP CRIME, ALTHARA JUNCTION, NANDAVANAM,
VAZHUTHACAUD POST, THIRUVANANTHAPURAM DIST.,
PIN - 695010
7 THE PRESIDENT
ASSOCIATION OF MALAYALAM MOVIE ARTIST (AMMA)
42 /1953, DESABHIMANI ROAD, KALOOR, KOCHI,
ERNAKULAM DISTRICT, PIN - 682017
8 THE SECRETARY
WOMAN IN CINEMA COLLECTIVE (WCC) MAMANGAM ARTS
COLLECTIVE, STADIUM/63, 3RD FLOOR, BEHIND KALOOR
INTERNATIONAL STADIUM, KALOOR, KOCHI,
ERNAKULAM DISTRICT, PIN - 682017
9 THE CHAIRMAN
FILM EMPLOYEES FEDERATION OF KERALA (FEFKA) A/57,
HIG-NORTH GIRINAGAR, GANDHI NAGAR ROAD, KALOOR,
KOCHI, ERNAKULAM DISTRICT, PIN - 682020
3
W.P.(C)No.31709 of 2024
2024:KER:73514
OTHER PRESENT:
BY ADV.C E UNNIKRISHNAN, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 03.10.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
4
W.P.(C)No.31709 of 2024
2024:KER:73514
DR. A.K.JAYASANKARAN NAMBIAR, J.
&
C.S. SUDHA, J.
----------------------------------------------------
W.P.(C)No.31709 of 2024
--------------------------------------------------
Dated this the 3rd day of October, 2024
JUDGMENT
C.S.Sudha, J.
In this writ petition filed under Article 226 of the
Constitution of India, the petitioner describes himself as a
Distributor and Producer of films, inter alia prays for a writ of
mandamus for directing the second respondent CBI to take over the
investigation presently being conducted by the sixth respondent, that
is, the Special Investigation Team (SIT) formed pursuant to the
Justice Hema Committee report being submitted.
2. According to the petitioner, as quite influential
persons of the film industry are involved, there is every possibility
of political interference in the matter. The victims/survivors have
2024:KER:73514
been threatened by the 'power group' named in the Justice Hema
Committee report pursuant to which some of them have withdrawn
their complaint. There is every possibility of the victims/survivors
being forced and threatened into settling the matter. Therefore, for a
proper investigation, the same needs to be handed over to the CBI.
3. Heard the learned counsel for the petitioner.
4. As per our order dated 10/09/2024 in W.P.(C)
No.29846/ 2024 and connected cases, a report of the action taken by
the SIT has been produced along with the counter affidavit filed by
the third respondent State. It is well settled that the power to order a
CBI enquiry should only be exercised if the Court comes to a
conclusion that materials disclose prima facie a case calling for
investigation by the CBI or by any other similar agency. A CBI
investigation cannot be ordered as a matter of routine merely
because a party makes some allegations. As of now no material(s)
has come before us to justify the apprehension of the petitioner that
the investigation being conducted by the SIT would not be fair,
2024:KER:73514
honest and objective. The prayer of the petitioner is premature. At
this stage, we do not find any reasons to handover the investigation
to the CBI as prayed for.
In the result, the writ petition is dismissed.
Sd/-
DR. A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
C.S.SUDHA
JUDGE
ami/
2024:KER:73514
APPENDIX OF WP(C) 31709/2024
PETITIONER EXHIBITS
Exhibit P1 COPY OF AADHAR CARD OF THE PETITIONER
Exhibit P2 COPY OF THE JUSTICE HEMA COMMITTE REPORT
Exhibit P3 COPY OF THE REPORT DATED 26/08/2024 IN
THE NEWS MINUTES REGARDING APPOINTING SIT
HEREIN PRODUCED AND MARKED
Exhibit P4 A COPY OF THE NEWS PAPER REPORTS HEREIN
PRODUCED AND MARKED
