“Responsibility To Stand By Soldier In Crisis”: Kerala High Court Orders CBI Probe Into 14-Year-Old Disappearance Of Tripura State Rifles Jawan

Justice G. Girish observed,

“Peaceful sleep of the civilian is at the cost of sleepless nights, vigilance and sacrifice of the soldier. The civilian society of the Nation in return, owes a responsibility to stand by the soldier who protects them, in case he faces a crisis in personal life.”

In the present case, the petitioner is the father of Subash Chandra Bose P, Rifle Man of the Third Battalion, Tripura State Rifles. According to the petition, Bose went missing on April 4, 2012, while returning to Tripura after spending a month's leave at his native place in Kerala.

The jawan had been seen off by his father at Ernakulam railway station on April 3, 2012. The following day, the father reportedly received a call from his son from an unfamiliar mobile number. Bose informed him that the train had reached Visakhapatnam and that he was unwell. He also reportedly assured his father that there was no need to worry and that he was capable of travelling onwards to Tripura.

However, on April 10, 2012, the Commandant of the Tripura State Rifles informed the petitioner that Bose had not returned to duty after the expiry of his leave.

The father subsequently approached multiple authorities, including the Railway Police at Ernakulam, the police authorities in Tripura and Kerala, the Ministry of Home Affairs and other officials. A complaint concerning the disappearance was lodged at the Railway Police Station, Ernakulam, on April 13, 2012.

The petitioner approached the Kerala High Court in October 2012, less than seven months after his son's disappearance, seeking effective steps to trace him.

Earlier, the High Court had directed authorities to ascertain the steps taken by the Railway Police at Visakhapatnam and subsequently directed the Visakhapatnam police to conduct an investigation.

The Visakhapatnam police ultimately expressed their inability to make progress and closed the investigation as “undetected.” The Third Battalion of the Tripura State Rifles was also asked to report on the measures taken to locate the missing jawan, but those efforts did not produce any breakthrough.

After more than 14 years without any information about his son, the petitioner sought a CBI investigation as a final effort to determine his whereabouts and the circumstances surrounding his disappearance.

The Kerala Government did not oppose the transfer of the investigation to the CBI. The CBI, however, objected on two grounds: first, that the Kerala High Court lacked territorial jurisdiction because the disappearance could have occurred somewhere between Visakhapatnam and Guwahati; and second, that after 14 years there was little likelihood of locating the missing person or obtaining useful information about the disappearance.

The High Court rejected the territorial-jurisdiction objection. Referring to Section 183 of the Code of Criminal Procedure, now reflected in Section 203 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Court noted that offences committed during a journey or voyage may be inquired into or tried by a court through whose local jurisdiction the person concerned passed during that journey.

The Court thus held that the fact that Bose disappeared during a train journey from Ernakulam towards Guwahati did not prevent the Kerala High Court from exercising its writ jurisdiction under Article 226.

The Court also rejected the argument that the passage of 14 years made a CBI investigation futile.

“It is true that the golden hours in a case of missing of a person to take prompt action for retrieval is 48 hours to 72 hours. But, in a case like this, where a paramilitary Jawan who had been guarding the borders of our Nation went missing without any leads, and his hapless father has been toiling his health, time and money for the past 14 years running after various authorities, hopeful of them taking some effective steps in unravelling the mystery behind the disappearance of his son, this Court cannot shut its doors against him, when he requests for CBI enquiry as a last resort.” the Court said.

Consequently, the High Court allowed the writ petition and directed that the investigation in the case before the Railway Police Station, Ernakulam, and Visakhapatnam Government Railway Police Station, should be handed over to the CBI.

The competent authority of the CBI has been directed to assign the investigation to a suitable officer forthwith. The investigating officer has been instructed to examine all aspects concerning the disappearance of Subash Chandra Bose P and make every effort to trace him or determine the cause of his disappearance.

The Police Chiefs of Kerala and Andhra Pradesh have also been directed to immediately transmit all relevant records relating to the investigations conducted so far to the CBI officer entrusted with the case.

Counsel for Petitioner: Sooraj T. Elenjiickal

Counsel for Respondents: Dr. K.P. Satheesan (Sr.), O.M. Shalina (DSGI), P.V. Santhosh, Sammer. S