KOLLAM DISTRICT RIFLE ASSOCIATION V. UNION OF INDIA

WP(C)/23406/2017

AI Insights

The Kollam District Rifle Association filed a writ petition against multiple respondents including the Union of India, State of Kerala, and various investigative agencies, seeking to quash certain investigation reports and to mandate a re-investigation of cases initially handled by the CBI. The petitioner argued that the Kerala State Rifle Association, under which they operated, was fraudulently registered to siphon off funds from the Sports Council. The CBI had previously taken over the investigation based on a court order, and had filed final reports which were pending before the CJM. The court found the petitioner's request for a new investigation team or re-investigation premature, noting that the CJM had the jurisdiction to decide on the matter.

• Counselvise Citation: [2017] 140 COUNSELVISE.COM (IT) 722341 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 14-09-2017
• Assessment Year: misc
• Other Referred Cases: W.P.(C). No.35696 of 2015
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: N NAGRESH; M AJAY; C W PRABHAKARAN; P CHANDRASEKHARA PILLAI
• Assessee Lawyers: C RAJENDRAN; C P ANIL RAJ
• Keywords: Arms and ammunitions; CBI; Certiorari; Certiorari; Investigation; Mandamus; Writ petition; NIA; Sports Council

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.HARIPRASAD THURSDAY, THE 14TH DAY OF SEPTEMBER 2017/23RD BHADRA, 1939 WP(C).No. 23406 of 2017 (A) ---------------------------- PETITIONER(S): ------------- KOLLAM DISTRICT RIFLE ASSOCIATION, 1ST FLOOR DTPC BUILDING, NEAR KSRTC BUS STAND, KOLLAM, REPRESENTED BY ITS SECRETARY SAJU S.DAS. BY ADVS.SRI.C.RAJENDRAN SRI.C.P.ANIL RAJ RESPONDENT(S): -------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF HOME AFFAIRS, JAI SINGH MARG, CONNAUGHT PLACE, NEW DELHI, DELHI-110001. 2. THE STATE OF KERALA, REPRESENTED BY SECRETARY (HOME), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. CENTRAL BUREAU OF INVESTIGATION, SUPDT OF POLICE, CBI, KATHRIKADAVU, KALOOR, KOCHI, KERALA-682017. 4. DIRECTORATE OF REVENUE INTELLIGENCE, 7TH FLOOR, D BLOCK, I.P.BHAWAN, I.P.ESTATE, NEW DELHI-110001. 5. STATE POLICE CHIEF, POLICE HEAD QUARTERS, VAZHUTHACAUD, SHASTHAMANGALAM POST, NEAR VELLAYAMBALAM, THIRUVANANTHAPURAM. 6. HARIKUMAR, ADDITIONAL SUPERINTENDENT OF POLICE, CBI, SCB, THIRUVANANTHAPURAM 695 001 7. SHILESHKUMAR M., INSPECTOR OF POLICE, CBI, SCB, THIRUVANANTHAPURAM - 695 001 8. THE NATIONAL INVESTIGATING AGENCY, REPRESENTED BY THE SUPERINTENDENT OF POLICE, (NIA) NO.28/443, 4TH CROSS, GIRINAGAR, KADAVANTHRA, KOCHI, PIN-682016. R1 & R4 BY ADV. SRI.N.NAGARESH, ASST. SOLICITOR GENERAL R8 BY SRI.M.AJAY, SPL. P.P FOR NIA R2 & R5 BY SENIOR GOVERNMENT PLEADER SRI.C.W.PRABHAKARAN R3,R6 & R7 BY SRI.P.CHANDRASEKHARA PILLAI, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23406 of 2017 (A) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 THE TRUE PHOTOCOPY OF THE BYE-LAW OF THE KERALA STATE RIFLE ASSOCIATION. EXHIBIT P2 A TRUE PHOTOCOPY OF THE MEMORANDUM OF THE KERALA STATE RIFLE ASSOCIATION. EXHIBIT P3 A TRUE PHOTOCOPY OF THE REGISTRATION CERTIFICATE DATED 31.07.2008. EXHIBIT P4 A TRUE PHOTOCOPY OF THE MEMORANDUM OF ASSOCIATION AND BYE-LAW. EXHIBIT P5 A TRUE PHOTOCOPY OF THE APPLICATION. EXHIBIT P6 A TRUE PHOTOCOPY OF THE LETTER DATED 25.07.2008. EXHIBIT P7 A TRUE PHOTOCOPY OF THE SAID LETTER DATED 24.09.2008. EXHIBIT P8 A TRUE PHOTOCOPY OF THE NOTICE DATED 19.10.15. EXHIBIT P9 A TRUE PHOTOCOPY OF THE LETTER DATED 5.10.2015. EXHIBIT P10 A TRUE PHOTOCOPY OF THE LETTER DATED 6.3.2013. EXHIBIT P11 THE AMENDMENT OF BYE-LAW. EXHIBIT P12 THE PRINTED COPY OF THE MINUTES DATED 26.06.2011 OF THE MEETING CIRCULATED AMONG THE MEMBERS. EXHIBIT P13 THE LIST OF AMMUNITIONS PURCHASED BY THE KOTTAYAM RIFLE ASSOCIATION FROM 1997 TO 2013. EXHIBIT P14 A TRUE PHOTOCOPY OF THE LICENSE BOOK. EXHIBIT P15 A TRUE PHOTOCOPY OF THE UTILIZATION CERTIFICATE DATED 8.10.2015 OF THE PALAKKAD DISTRICT RIFLE ASSOCIATION. EXHIBIT P16 A TRUE PHOTOCOPY OF THE REQUEST LETTER DATED 19.8.2015. EXHIBIT P17 A TRUE PHOTOCOPY OF THE SAID LETTER DATED 20.8.2015. EXHIBIT P18 A TRUE PHOTOCOPY OF THE ORIGINAL BILL NO.26451 DATED 16.8.2001. EXHIBIT P19 A TRUE PHOTOCOPY OF THE FORGED BILL NO.2011 DATED 16.8.2001. EXHIBIT P20 A TRUE PHOTOCOPY OF THE COMPLAINT CMP.NO.587/2012. EXHIBIT P21 A TRUE PHOTOCOPY OF THE LETTER DATED 27.9.2011. EXHIBIT P22 A TRUE PHOTOCOPY OF THE LETTER DATED 23.9.2008. EXHIBIT P23 A TRUE PHOTOCOPY OF THE COMPLAINT SENT THROUGH EMAIL ON 29.12.2015. EXHIBIT P24 A TRUE PHOTOCOPY OF THE WRIT PETITION WITHOUT EXHIBITS. WP(C).No. 23406 of 2017 (A) ---------------------------- 2 EXHIBIT P25 A TRUE PHOTOCOPY OF THE COUNTER AFFIDAVIT DATED 25.01.2016. EXHIBIT P26 A TRUE PHOTOCOPY OF THE JUDGMENT DATED 29.1.2016 IN WPC 35696/2015. EXHIBIT P27 A TRUE PHOTOCOPY OF THE REFER REPORT IN AND RC6(S)/ 2016/CBI/SCB/TVP. EXHIBIT P28 A TRUE PHOTOCOPY OF THE REFER RC7(S)/2016/CBI/SCB/TVP. EXHIBIT P29 A TRUE PHOTOCOPY OF THE REFER REPORT IN RC5(S)/ 2016/CBI/SCB/TVP. EXHIBIT P30 A TRUE PHOTOCOPY OF THE LETTER. EXHIBIT P31 THE CONVERSATION BETWEEN MOHAN JACOB AND DAVID JOHN. EXHIBIT P32 A TRUE PHOTOCOPY OF THE QUESTION AND REPLY DATED 22.1.2016. RESPONDENT(S)' EXHIBITS: N I L ----------------------- //TRUE COPY// PA TO JUDGE A. HARIPRASAD, J. ------------------------------- W.P.(C).No.23406 of 2017 ---------------------------------------------- Dated this the 14th day of September, 2017 JUDGMENT Heard the learned counsel for the petitioner, Kollam District Rifle Association, Kollam. I also heard the learned Standing Counsel for the Central Bureau of Investigation (CBI) and the learned Special Public Prosecutor for the National Investigating Agency (NIA). Learned Public Prosecutor appearing for the State is also heard. 2. The petitioner approached this Court seeking following reliefs: i. To call for the records leading to Exhibits P27, P28 and P29 and quash the same by the issuance of a writ in the nature of CERTIORARI or any other appropriate writ order or direction. ii. Issue a writ in the nature of MANDAMUS or any other appropriate writ, order or direction compelling and commanding the 8th respondent to take up the investigation of the cases in which the investigations were conducted by present CBI officers. WPC.No. 23406/2017 2 iii. Or in the alternative to issue a writ in the nature of MANDAMUS or any other appropriate writ, to entrust the case to investigation of all the four cases by any other superiors in the CBI and to conduct a proper unbiased uninfluenced impartial investigation of the cases. iv. Or in the alternative to issue a writ in th nature of MANDAMUS or any other appropriate writ, order or direction compelling and commanding the respondents 1 to 5 to constitute a separate team of officers for conducting the investigation of the said cases. 3. The petitioner's contention is that there is a National Rifle Association functioning in all India level and State Riffle Associations functioning in various States, including the State of Kerala. The State Rifle Associations are affiliated to the National Rifle Association of India. In the State of Kerala, there are 10 District Rifle Associations. The Kerala State Rifle Association is not having license for dealing in arms and ammunitions. It functions as an authority to coordinate and regulate the functioning of the District level Rifle Associations. In order to impart training in shooting, arms and ammunitions are to be purchased from National Rifle Association by the District Rifle WPC.No. 23406/2017 3 Association. Depending on the requirements of the arms and ammunitions, the District Rifle Associations will submit application to the Kerala State Rifle Association for its recommendation and it will be forwarded to the National Rifle Association. They, in turn, will sanction the supply of arms and ammunitions. 4. It is the allegation in the petition that Sri.Sunny Thomas, who was the former Secretary of the Kerala State Rifle Association, fraudulently got an Association, by name Kerala State Rifle Association, registered under the Travancore Cochin Literary, Scientific and Charitable Societies Registration Act with the connivance of some influential persons. The registration was effected in the office of the District Registrar, Alappuzha. Exts.P1 to P3 are the bye-law, memorandum and registration certificate of the said Association. 5. After a few days, Sri.Sunny Thomas produced Ext.P3 registration certificate, accompanied by another bye-law, in which President of the Association shown is the Inspector General of Police and himself as Secretary of the Association. It was submitted before the Kerala State Sports Council. The WPC.No. 23406/2017 4 document is marked as Ext.P5. Immediately after obtaining registration, Sri.Sunny Thomas submitted an application to the Sports Council requesting to sanction advance amount of Rs.50,76,000/- in the name of Kerala State Rifle Association and to give the amount directly to him. Ext.P7 is the copy of the letter. Till 2014, Sri.Sunny Thomas submitted accounts of the Association before the Income Tax Department. Thereafter, he failed to do so and Ext.P8 notice was issued by the Income Tax Department. Petitioner's contention is that the Association formed as per Exts.P1 to P3 is a fictitious body and that was formed only with a view to syphon off money from the Sports Council. It is also the contention of the petitioner that in the districts of Palakkad and Kottayam, activities have been done at the instance of the office bearers of the Association constituted under Exts.P1 to P3. My attention is drawn to Ext.P25 statement filed by the 6th respondent, detailing the facts in the four cases registered against the office bearers of the Association. 6. As per the judgment dated 29.01.2016 in W.P.(C). No.35696 of 2015, this Court handed over the crimes mentioned in Ext.P25 to be investigated by CBI. Learned Standing Counsel WPC.No. 23406/2017 5 for the CBI contended that on transfer of the cases, the CBI conducted a thorough probe in these matters and filed Exts.P27 to P29 final reports in three cases. All the final reports are pending consideration before the Court of Chief Judicial Magistrate at Ernakulam and Thiruvananthapuram. Learned Standing Counsel for CBI submitted that final report in regular crime in respect of the transactions in Alappuzha was also filed before the Court having jurisdiction. 7. Learned Special Public Prosecutor for NIA submitted that none of the allegations from the re-registered FIR and the final report submitted by the CBI, reveals an offence coming under the schedule to the relevant Act enabling the NIA to take over the investments. Therefore, there is no reason for the NIA to conduct an investigation as per the materials now available at this point of time. It is a matter to be decided at later point in time. 8. Having heard the learned counsel for the petitioner and the learned counsel appearing for the contesting respondents, I am of the view that the request made by the petitioner is too premature. The C.J.M., before whom the final WPC.No. 23406/2017 6 reports have been submitted by the investigating agency (CBI), has multiple options in this matter. He can either accept the negative report filed by the investigating agency. If that be so, the petitioner is not remediless. He can take appropriate action thereafter. The court is also empowered to take cognizance on a negative report. If that be so, the grievance of the petitioner will be mitigated. The court is having power to order further investigation, if it is not satisfied with the materials available in the final report. All these matters have to be taken in accordance with the provisions in the Code of Criminal Procedure, 1973. I do not find any legal reason to consider the prayers in the writ petition at this point in time. Without prejudicially affecting the rights of the petitioner, I dispose of the application finding that the application is premature. SD/- A. HARIPRASAD JV JUDGE "