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Kerala HC Dismisses Plea Seeking CBI/NIA Investigation Into Alleged Missing Of Rifles/Cartridges From Police Custody [Read Judgment]

16 Jun 2020 7:20 AM GMT
Kerala HC Dismisses Plea Seeking CBI/NIA Investigation Into Alleged Missing Of Rifles/Cartridges From Police Custody [Read Judgment]
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The Kerala High Court has dismissed a Plea seeking CBI/NIA investigation about alleged missing of INSAS rifles and live cartridges from the custody of State Police.

The bench comprising of Chief Justice S. Manikumar and Justice Shaji P. Chaly took note of the submission on behalf of the State that on physical verification, no rifles are lost and that a case has been registered by a specialised agency of the police department in respect of the missing live cartridges.

One P. P. Ramachandra Kaimal, had approached the High Court contending that this case of missing Rifles and cartridges a serious security breach and the matter involves security of the nation and the people of the State. Comptroller and Auditor General of India (CAG) report had stated that physical stock of weapons and live cartridges with the Special Armed Battalion, Thiruvananthapuram, was found to be short.

Responding to these allegations, the State had contended that the CAG's report is always subject to parliamentary debates and it is possible that the Public Accounts Committee can accept the objection of the ministry to the CAG's report, or reject the report of the CAG.

While dismissing the PIL, the bench observed:

Questions relating to missing of rifles as putforth by the petitioner and the verification done by State officials, as well as the CAG are all factual circumstances, which cannot be deciphered by this Court at this juncture with the least materials produced by the petitioner in this writ petition. We are also of the view that it is a subject matter of consideration before the State Legislature, and especially the Public Accounts Committee constituted as per the Rules of Procedure for the Conduct of Business in the Kerala Legislative Assembly, and it may not be appropriate at all for this Court to interfere with the proceedings pending before the State Legislature. 

It could be seen that there is a clear procedure under the Constitution and the laws, for dealing with a situation like the one on hand, which means that, the subject issue is absolutely within the domain of the State Legislature, and thereby creating a distinct fetter and barrier, from any interference at this stage of proceedings by this Court

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