- (1.) The developments in this case are disquieting. We are perturbed by the way in which State of Kerala and its officers have dealt with the orders of this Court. The matter calls for a fresh and detailed approach. An order of this Court made on 22-12-1989 directing completion of investigation of allegations of physical violence on and destruction of the Printing Press of journalist by the police within two months is yet to be completed even after a lapse of nearly 3 years.
(2.) A journalist in the State of Kerala complained of an attack on his person and property at the instance of the Police Officers of the State. The High Court in the writ petition filed by him, thought it appropriate that the Deputy Inspector General of Police, Northern Range, be "asked to look into the complaint on the petitioner making a representation in that behalf." Petitioner approached this Court urging that the Police force in the State which had been angered by his journalistic disclosures, was bending its energies to break him and that it would be travesty and farcical that the Police of the State is asked to investigate its own crimes. He wanted an investigation by the C.B.I. Unfortunately, events as have unfolded themselves, render his apprehensions not illegitimate. But the Court put faith in the professional honour of the Police machinery of the State and trusted them to carry out an expeditious investigation into the serious complaints of the petitioner. A question arises whether that trust was really justified. This Court then did not accept the petitioner's impassionate plea that the investigation be entrusted to the C.B.I. and not to the local Police. It preferred to accept the assurance on behalf of the State by Sri Poti, its learned counsel. We may recall what Mr. Poti had said on that occasion, as recorded in the order dated 22nd December 1989: "Shri Poti, learned Senior Advocate appearing for the State of Kerala submitted that there is no justification for the petitioner to express such extreme cynicism against the entire system and that there are, yet, many Police Officers in the State who can be trusted to maintain high degree of professional integrity and honour and rise above departmental bias. He suggested that if petitioner has any reservations about the Deputy Inspector-General of Police, Northern Range, on account of the circumstances that the accused officers function in that Range the Court could appoint Shri M. G. A. Raman, Deputy Inspector General of Police, Central Range and entrust the work of supervision of the investigation to him. Mr. Poti assured us that the State Government would issue all the necessary and appropriate notifications authorising Shri M. G. A. Raman to supervise the investigations. We think, we should accept Shri Poti's submissions.
(3.) From hindsight and what has transpired since then serious doubt arises whether, at all, the interest of justice was served by the acceptance of that submission. It was accordingly directed that instead of the D. 1. G. of Police. Northern Range, indicated in the order of the High Court, Mr. M. G.A. Raman, Deputy Inspector General of Police, Central Range, would supervise the investigation. It was also directed that a case be registered on the basis of the representation submitted by the petitioner to Mr. Raman and the investigation "be completed within a period of two months from the date of receipt of such representation". Pursuant to this order, a representation was made to Mr. Raman by the petitioner. Mr. Raman, we regret to have to record, apparently did not complete the investigation within the time-frame. He did not even bother to move this Court for an extension of time if he found that he could not complete the investigation within time. We take serious note of this attitude on the part of Mr. Raman which, if tolerated, would reduce the proceedings of the highest Court of the land to a farce. According to the petitioner, Mr. Raman did nothing during the period of next six months either. The petitioner says that Mr. Raman did not even examine the Superintendent of Police, who was the main accused. We cannot .say anything on this till we examine the records of investigation.;