Supreme Court directs CBI probe into 2014 death of Malayali medical student in Mangaluru

The Supreme Court last week ordered a probe by the Central Bureau of Investigation (CBI) into the death of a Malayali medical student in Mangalore [MS Radhakrishnan vs State of Karnataka]..A bench led of Justices MR Shah and MM Sundresh directed the Karnataka Crime Investigation Department (CID) to hand over the probe to the CBI and also ordered the CID to pay ₹1 lakh as costs to the petitioner, the deceased's father, within four weeks. The judges noted that, despite earlier orders, no further investigation was carried out but rather, an abated chargesheet was filed against the deceased for rash driving and driving under the influence of alcohol."It is unheard of that an abated charge-sheet can be filed against the deceased who is alleged to have been murdered/killed. Even otherwise, on prima facie consideration of the relevant material on record, more particularly, the photographs produced along with the writ petition, it appears prima facie that it is not a case of simple accident as opined by the Investigating Agency. We are not at all satisfied with the further investigation carried out by the Investigating Agency-CID, Bengaluru. The truth must come out". The abated chargesheet against the deceased was, therefore, set aside..The headless body of Rohit Radhakrishnan hailing from Kerala, and a student of the AJ Institute of Medical Sciences in Mangalore, was found near Tannirbhavi on March 23, 2014. Initial investigation had concluded that the death was due to an accident. His father moved the top court challenging the chargesheet against the deceased and seeking a CBI probe. The top court after referring to photographs and other case material produced, observed that it was not, prima facie, a case of simple accident as claimed..The top court, thus, observed that a thorough and proper investigation would have to be carried out, as the CID had failed to perform its duty in this regard. "Under the circumstances, this a fit case to exercise the powers under Article 32 of the Constitution and to transfer the investigation of the case to the CBI, Bengaluru," the Court said.The CBI was directed to submit a status report before the Karnataka High Court every two months on the progress of the probe. The CBI has to conclude its probe as early as possible given the time the father has been awaiting justice, the order further said. .Advocates Jogy Scaria, Beena Victor, Ravi Lomod, Keerthipriyan E, M Priya, Varsha Awana, and Vinoth Yadav appeared for the petitioner. Advocates Shubhranshu Padhi, Vishal Bansal, Rajeshwari Shankar, Niroop Sukirthy, and Mohd Ovais appeared for the respondents. [Read Order]