U. Gopakumar vs. The State Of Kerala

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

SPECIAL LEAVE PETITION (CRIMINAL) Diary No(s). 4527/2021

(Arising out of impugned final judgment and order dated 29-10-2019 in WA No. 2009/2019 passed by the High Court Of Kerala At Ernakulam)

U.GOPAKUMAR & ORS. Petitioner(s)

VERSUS

STATE OF KERALA & ORS. Respondent(s)

(IA No.26812/2021-CONDONATION OF DELAY IN FILING and IA No.26821/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT )

Date : 26-02-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE HRISHIKESH ROY

	For Petitioner(s)	Mr. P.G. Jayashankar, Adv.
		Ms. P.K. Reshma (kalarickal), Adv.
		Mr. A. Karthik, AOR
		Ms. Smrithi Suresh, Adv.
		Ms. Sreepriya K., Adv.

For Respondent(s)

UPON hearing the counsel the Court made the following O R D E R

Delay condoned.

In this Special Leave Petition, the Petitioners have challenged a judgment and order dated 29th October 2019, passed by a Division Bench of the High Court of Kerala dismissing the Writ Appeal being W.A. No.2009 of 2019 filed by the petitioners against an order dated 11th June, 2019 of the Single Bench dismissing Writ Petition (C) No.1748 of 2019. The said Writ Digitally signed by GEETA AHUJA Date: 2021.03.04 16:21:37 IST Reason: Signature Not Verified

Petition was filed seeking a Writ, directing the Central Bureau of Investigation to investigate allegations of human trafficking against one Habeeb, named as accused, in a complaint lodged by the Petitioners.

The petitioners were labourers in Kerala doing different kinds of manual work. In 2015, the petitioners were deceived by the accused, who lured them with the offer of job in Dubai, with a lucrative salary.

In the complaint, it was alleged that, upon reaching Dubai these petitioners were huddled with around 500 labourers into a labour camp, denied food and were made to do strenuous manual work. It was only upon the intervention of a local Member of Parliament that the petitioners were rescued by the Indian Embassy and repatriated to India on 8th October, 2015.

Pursuant to the FIR lodged by the Petitioners against the accused, Crime No.3753 of 2015 was initiated against the accused. The petitioners filed the above-mentioned writ petition being W.P.(C) No.1748 of 2019 in the High Court of Kerala, seeking orders for further investigation by the CBI. The Single Bench dismissed the writ petition holding that the the petitioners had not made out a case for ordering further investigation by the CBI. Referring to the judgment of this Court in Secretary, Minor Irrigation and Rural Engineering

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Services, U.P. and Ors. v. Sahngoo Ram Arya and Ors. [AIR 2002 SC 2225], the Single Bench held that an order directing an inquiry by the CBI against a person could only be passed by the High Court, if, after considering the materials on record, it came to the conclusion that such material disclosed a prima facie case calling for an investigation by the CBI or any other similar agency. Orders for investigation by the CBI could not be passed as a matter of routine, merely because a party made some allegations.

There being no infirmity in the reasoning of the Single Bench, the Division Bench rightly dismissed the Appeal. The Division Bench took note of a report submitted to the Writ Court by the Inspector General of Police, Kochi Range, stating that though a meticulous investigation had been conducted, there was no evidence substantiating the commission of offences under Sections 370 and 370A of the IPC.

The Division Bench as also the Single Bench found that the Sub-Inspector of Police, Kayamkulam had duly registered a case on 12th November, 2015 as Crime No.3753 of 2015. After investigation, a final report was placed before the Jurisdictional Magistrate alleging offences under Section 420 of IPC and Section 26 of the Emigration Act, 1983. There was no lacuna in the investigation. The investigation had revealed that the accused had offered the petitioners and

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others, job overseas which he had failed to provide. This amounted to cheating and violation of the Emigration Act and a final report had accordingly been filed.

We find no grounds to interfere with the decision of the Division Bench of the High Court affirming the decision of the Single Bench of the High Court. There is no infirmity in the decision either of the Single Bench or of the Division Bench of the High Court.

The special leave petition is dismissed. Pending application(s), if any, shall stand disposed of.

(Geeta Ahuja) (Anand Prakash) Court Master Court Master