KOLLAM DISTRICT RIFLE ASSOCIATION V. UNION OF INDIA

WP(C)/35696/2015

AI Insights

The case revolves around the allegations of misuse of arms and ammunitions procured by the Kerala State Rifle Association, with connections to various police stations in Kerala. The investigation by the Kerala Police had progressed significantly, with reports submitted by the Inspector General of Police. However, given the national security implications, the High Court decided to transfer the investigation to the CBI, highlighting the importance of thorough and specialized investigation in matters potentially affecting national security. The court appreciated the efforts of the Kerala Police but deemed it necessary for the CBI to take over to ensure a comprehensive investigation.

• Counselvise Citation: [2016] 140 COUNSELVISE.COM (IT) 722379 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 29-01-2016
• Assessment Year: misc
• Result in Favour of: Applicant
• Court: HIGH COURT
• Department Lawyers: N NAGRESH; P VIJAYARAGHAVAN; P CHANDRASEKHARA PILLAI; C P UDAYABHANU; LATHA ANAND
• Assessee Lawyers: C RAJENDRAN; K R RANJITH; R S SREEVIDYA; C P ANIL RAJ
• Keywords: CBI; Investigation; Misuse; Arms and ammunitions; Kerala Police

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937 WP(C).No. 35696 of 2015 (J) ---------------------------- PETITIONER : ------------------ KOLLAM DISTRICT RIFLE ASSOCIATION, 1ST FLOOR DTPC BUILDING, NEAR KSRTC BUS STAND KOLLAM, REPRESENTED BY ITS SECRETARY SAJU S.DAS., AGED 37 YEARS BY ADVS.SRI.C.RAJENDRAN SRI.K.R.RANJITH SMT.R.S.SREEVIDYA SRI.C.P.ANIL RAJ RESPONDENTS : ---------------------- 1. UNION OF INDIA REPRESENTED BY THE SECRETARY MINISTRY OF HOME AFFAIRS, JAI SINGH MARG, CONNAUGHT PLACE, NEW DELHI, DELHI - 110 001. 2. THE STATE OF KREALA REPRESENTED BY SECRETARY (HOME) GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001. 3. CENTRAL BUREAU OF INVESTIGATION SUPDT. OF POLICE, CBI, KATHRIKADAVU KALOOR, KOCHI, KERALA - 682 017. 4. DIRECTORATE OF REVENUE INTELLIGENCE 7TH FLOOR, D BLOCK, I.P BHAWAN I.P ESTATE, NEW DELHI - 110 001. 5. THE NATIONAL RIFLE ASSOCIATION OF INDIA NRAI HOUSE, 51 B, THUGHLAKABAD INSTITUTIONAL AREA NEW DELHI - 111 062 ITS SECRETARY GENERAL. 6. THE KERALA STATE RIFLE ASSOCIATION REPRESENTED BY ITS PRESIDENT OFFICE OF THE INSPECTOR GENERAL KERALA POLICE HEAD QUARTERS, VAZHUTHACAUD SHASTHAMANGALAM POST, NEAR VELLAYAMBALAM THIRUVANANTHAPURAM - 695 010. WP(C).No. 35696 of 2015 (J) 7. STATE POLICE CHIEF POLICE HEAD QUARTERS, VAZHUTHACAUD SHASTHAMANGALAM POST, NEAR VELLAYAMBALAM THIRUVANANTHAPURAM - 695 010. 8. KERALA SPORTS COUNCIL PUNNEN ROAD, STATUE, PALAYAM THIRUVANANTHAPURAM, KERALA - 695 001. 9. NATIONAL GAMES ORGANIZING COMMITTTEE CHANDRASEKHARAN NAIR STADIUM THIRUVANANTHAPURAM - 695 001 REPRESENTED BY ITS ORGANIZING SECRETARY. 10. DISTRICT COLLECTOR COLLECTORATE, PALAKKAD DISTRICT - 678 001. 11. DISTRICT COLLECTOR COLLECTORATE, KOTTAYAM DISTRICT - 686 001. 12. DISTRICT POLICE CHIEF ALAPUZHA, ALAPUZHA DISTRICT - 688 001. *ADDL. R13 IMPLEADED : *13. SRI. JOS I. MANGALY, S/O M.K.ITTIARA, AGED 45 YEARS, HON, SECRTARY, KERALA STATE RIFLE ASSOCIATION, PALAKKAD - 678014. ADDL. R13 IS IMPLEADED AS PER ORDER DT29/1/2016 IN IA 18012 OF 2015 R1 BY ADV. SRI.TULASI PANICKER, CGC BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R2,R6,R7,R10 TO R12 BY STATE ATTORNEY SRI.P. VIJAYARAGHAVAN R3 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I. R4 BY SRI.C.P.UDAYABHANU R8 BY ADV. SMT.LATHA ANAND, SC, KERALA STATE SPORTS COUNCIL ADDL.R13 BY SRI.S.SREEKUMAR SENIOR ADVOCATE BY ADVS. SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: bp WP(C).No. 35696 of 2015 (J) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1:- A TRUE PHOTOCOPY OF THE ORDER DT. 04.2.1968. P2:- A TRUE PHOTOCOPY OF THE LIST OF OFFICE BEARERS SITED IN THE WEBSITE OF THE ASSOCIATION WWW. THEKSRA.COM. P3:- A TRUE PHOTOCOPY OF THE BYE-LAW. P4:- A TRUE PHOTOCOPY OF THE MEMORANDUM OF ARTICLES. P5:- A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE DATED P6:- A TRUE PHOTOCOPY OF THE MEMORANDUM OF ASSOCIATION AND BYE- LAW. P7:- A TRUE PHOTOCOPY OF THE APPLICATION SUBMITTED BY SRI. SUNNY THOMAS WITH DECLARATION FOR AFFILIATION OF THE KERALA STATE RIFLE ASSOCIATION IN THE KERALA STATE SPORT COUNCIL BY FORGING THE SIGNATURES OF BOTH SRI.M.NKRISHNA MOORTHY AND SRI.C.T.JOHN. P8:- A TRUE PHOTOCOPY OF THE FORWARDING LETTER WRITTEN IN THE LETTER PAD OF THE KERALA STATE RIFLE ASSOCIATION DT. 25.7.2008. P9:- A TRUE PHOTOCOPY OF THE LETTER DT. 24.9.2008 SUBMITTED BEFORE THE SPORTS COUNCIL. P10:- A TRUE PHOTOCOPY OF THE NOTICE DT. 19.10.2015 ISSUED BY THE INCOME TAX DEPARTMENT. P11:- A TRUE PHOTOCOPY OF THE LETTER DT. 05.10.2015 BY THE KOTTAYAM DISTRICT RIFLE ASSOCIATION. P12:- A TRUE PHOTOCOPY OF THE LETTER DT. 06.3.2013 SUBMITTED BY SRI.DEVASIA KURIAN BEFORE THE DISTRICT REGISTRAR, ALAPPUZHA. P13:- A TRUE PHOTOCOPY OF HTE AMENDED BYE-LAW SUBMITTED BY SRI.DEVASIA KURIAN. P14:- A TRUE PHOTOCOPY OF THE MINUTES OF THE GENERAL BODY OF THE ASSOCIATION DT. 26.06.2011. P15:- A TRUE PHOTOCOPY OF THE PRINTED COPY OF THE MINUTES DT. 20.6.2011. P16:- A TRUE PHOTOCOPY OF THE LIST OF AMMUNITIONS PURCHASED BY THE KOTTAYAM RIFLE ASSOCIATION FROM 1997 TO 2013. P17:- A TRUE PHOTOCOPY OF THE LICENSE BOOK. P18:- A TRUE PHOTOCOPY OF THE UTILIZATION CERTIFICATE. WP(C).No. 35696 of 2015 (J) P19:- A TRUE PHOTOCOPY OF THE REQUEST LETTER DT. 19.8.2015. P20:- A TRUE PHOTOCOPY OF THE LETTER DT. 20.8.2015. P21:- A TRUE PHOTOCOPY OF THE ORIGINAL BILL NO. 26451 DT. 16.8.2001. P22:- A TRUE PHOTOCOPY OF THE FORGED BILL NO. 2011 DT. 16.8.2001. P23:- A TRUE PHOTOCOPY OF THE COMPLAINT CMP NO. 587/2012 FILED BEFORE THE JFMC-I, PALAKKAD. P24:- A TRUE PHOTOCOPY OF THE LETTER DT. 27.9.2011. P25:- A TRUE PHOTOCOPY OF THE SAID LETTER DT. 23.9.2008. P26:- A TRUE PHOTOCOPY OF ORDER DT. 30.9.2015 OF THE DISTRICT MAGISTRATE, PALAKKAD. P27:- A TRUE PHOTOCOPY OF THE COMPLAINT SENT THROUGH EMAIL ON 29.09.2015 TO THE STATE POLICE CHIEF. P28:- A TRUE PHOTOCOPY OF THE COMPLAINT GIVEN TO THE PRESIDENT, KERALA STE RIFLE ASSOCIATION, IG POLICE HEADQUARTERS THROUGH EMAIL ON 30.09.2015. P29:- A TRUE PHOTOCOPY OF THE COMPLAINT SENT THROUGH EMAIL ON 06.10.2015 TO THE CBI. P30:- COPY OF THE PETITION SUBMITTED BY THE KOTTAY AM REFLE ASSOCIATION BEFORE THE SUPERINTENDENT OF POLICE, KOTTAYAM, DT 18/3/2012. P31:- COPY OF THE E-MAIL FORWARDED BY SRI.P.C. CHERIYAN. P32:- COPY OF THE PETITION DT 29/11/2015 GIVEN BY THE SECRETARY OF THE KOTTAYAM DISTRICT RIFLE ASSOCIATION RESPONDENT(S)' EXHIBITS : NIL. //TRUE COPY// P.S. TO JUDGE bp B. KEMAL PASHA, J. ................................................................ W.P.(C) No.35696 of 2015 ............................................................... Dated this the 29th day of January, 2016 J U D G M E N T The matter involved in Crime No.1746 of 2015 of the Alappuzha Police Station, Crime No.1801/2015 of the Kottayam West Police Station, Crime No.1609/2015 of the Palakkad T own North Police Station and Crime No.1370/2015 of the Palakkad Kasba Police Station, relates to arms and ammunitions procured by the Kerala State Rifle Association and the allegation of misuse of those ammunitions. It seems that the Kerala Police have gone far ahead with the investigation and they have formed some opinion also in the investigation. 2. Detailed report of the Inspector General of Police, Head Quarters, Thiruvananthapuram submitted before this W.P.(C) 35696 of 2015 -: 2 :- Court through the State Attorney is recorded. It cannot be said that the investigation so far conducted is not moving in the correct direction. At the same time, it has to be thought of that this is a matter which has assumed immense importance in the state level as well as national level. In case of misuse of ammunitions, it may ultimately reach even the hands of the terrorists which will militate against the interest of the nation at large. Considering the magnitude as well as the national importance of the matter, this Court is of the view that the investigation of this matter has to be handed over to the CBI. 3. It is not for burdening the CBI with the investigation; whereas it is because of the national importance and the security and safety concern of the Nation at large, the investigation has to be handed over to the CBI. Further, it is not because of the inefficiency of the Kerala Police in investigating the matter, the further investigation is handed over to the CBI. This Court is of the W.P.(C) 35696 of 2015 -: 3 :- view that, so far, the Kerala Police have done a commendable job in investigating the matter. The statement submitted by the State Attorney reflects the commendable work done by the Kerala Police in the investigation of all the above crimes. This Court records its appreciation for the praiseworthy work done by the Kerala Police. In the result, this Writ Petition stands allowed and the investigation of all the aforesaid crimes are hereby ordered to be handed over to the CBI. The State Police shall render every assistance to the CBI in the matter for the smooth investigation by the CBI. Sd/- B. KEMAL P ASHA, JUDGE. ul/- [True copy] P .S. to Judge "