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The Kerala High Court has ordered a CBI investigation into the disappearance of a Tripura State Rifles jawan who went missing during a train journey from Kerala to Guwahati in April 2012, observing that the case was among the “rarest”, warranting the exercise of the court’s constitutional powers even after 14 years.
Justice G Girish, in a judgment delivered on September 29, directed the CBI to take over the investigation into the disappearance of Subash Chandra Bose P, Rifle Man No. 06110758 of the Third Battalion, Tripura State Rifles.
The court opened its judgment by underscoring the responsibility owed to soldiers, observing: “Peaceful sleep of the civilian is at the cost of sleepless nights, vigilance and sacrifice of the soldier.” It added that civilian society “owes a responsibility to stand by the soldier who protects them, in case he faces a crisis in personal life.”
Subash had gone missing on April 4, 2012, while travelling by train from Kerala to Guwahati after spending a month-long leave at his native place in Vengoor, Ernakulam. His father, PK Balan, had seen him off at Ernakulam railway station on April 3.
The next day, Balan received a call from an unfamiliar number. His son reportedly said that the train had reached Visakhapatnam and that he was unwell, but assured his father that he could take care of himself and travel to Tripura, where he was posted.
On April 10, however, the Commandant of the Tripura State Rifles informed Balan that his son had not reported for duty after his leave.
Balan approached the Railway Police in Ernakulam on April 13 and subsequently contacted several authorities, including police officials in Agartala and Kerala, and the Union Ministry of Home Affairs. He eventually approached the High Court in October 2012 seeking directions to trace his son.
The High Court had earlier directed the Kerala police to ascertain the action taken by the Railway Police in Visakhapatnam. The Visakhapatnam police later closed the investigation as undetected, while the Tripura State Rifles also failed to make a breakthrough.
Opposing a CBI probe, the agency's Special Public Prosecutor argued that the Kerala High Court lacked territorial jurisdiction since the disappearance could have occurred between Visakhapatnam and Guwahati. The CBI also contended that after 14 years, there was little possibility of tracing the missing man or gathering information about his disappearance.
The court rejected both objections.
On jurisdiction, the court relied on the legal principle governing offences committed during a journey, noting that section 183 of the CrPC, now reflected in section 203 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), permits a case arising during a journey to be dealt with by a court through whose jurisdiction the person passed.
The court also rejected the argument that the passage of 14 years made a CBI investigation futile.
“A premier investigating agency like CBI is not expected to take a negative pessimistic attitude in a case like this,” Justice Girish said.
While acknowledging that the “golden hours” for tracing a missing person are generally the first 48 to 72 hours, the court said the circumstances of this case warranted intervention.
The judge noted that the jawan had been guarding the country's borders and that his father had spent 14 years and his “health, time and money” while approaching various authorities in the hope of discovering what happened to his son.
“This court cannot shut its doors against him, when he requests for CBI enquiry as a last resort,” the judgment said.
The CBI was directed to appoint an investigating officer forthwith and “make all efforts to find the above person or the cause of his disappearance.” The police chiefs of Kerala and Andhra Pradesh were also directed to immediately transfer all relevant records to the CBI officer handling the investigation.
