Safiya Malik

The Kerala High Court, Single Bench of Justice Kauser Edappagath, dismissed a petition seeking further investigation into the death of Swami Saswathikananda. The Court recorded that repeated investigations had consistently concluded the cause of death as accidental drowning. The Court stated, “All the investigations revealed that it was a case of death due to accidental drowning.” The Bench dismissed the original petition, observing no grounds existed for additional inquiry.

The Court addressed a request for directing the Special Investigation Team (SIT) to conduct further investigation under the supervision of a senior police officer but found no justification for such a direction.

Also Read: Supreme Court Holds “Indian Law Shall Govern the Agreement and the Related Disputes”, Directs Arbitration to Proceed Under DIAC Rules Despite Foreign Venue

The original petition was filed by All Kerala Anti-Corruption and Human Rights Protection Council, represented by its President Isacc Varghese, seeking further investigation into Crime Branch Crime No.84/CR/EKM/2007 of CBCID HHW-II, Ernakulam, which arose from Crime No.671/2002 of Aluva Police Station. The case concerned the death of Swami Saswathikananda, who drowned at a bathing ghat on the Periyar riverbank around 9 am on 1 July 2002.

Initially, based on a complaint from Subramanyan, an Advisory Member of Adwaithasramam, the Aluva Police registered the case under Section 174 of the Criminal Procedure Code and conducted the preliminary investigation. Fifty-six witnesses, including the medical officer who conducted the autopsy, were examined. The findings indicated that the Swami drowned while bathing and the post-mortem findings were consistent with drowning.

Following dissatisfaction expressed by the Swami’s family, this Court earlier directed the Superintendent of Police, Ernakulam (Rural) to verify the investigation and conduct further inquiry if necessary. The Superintendent of Police re-examined the matter, examined 33 witnesses including family members and medical officers, and submitted a final report to the Sub Divisional Magistrate Court, Fort Kochi, on 28 July 2004, again concluding that the death was accidental.

Subsequently, the family members, along with Swami Sivanandagiri, approached this Court through W.P.(C) No.23310/2004 seeking a CBI investigation. This petition was dismissed, and subsequent appeals, including a Special Leave Petition before the Supreme Court, also failed. Despite this, the Government of Kerala ordered a further investigation by constituting an SIT headed by the Superintendent of Police, CBCID HHW-II, Ernakulam.

The SIT assumed charge on 7 May 2007 and conducted an investigation which culminated in the submission of a final report dated 31 December 2013. The report reaffirmed the earlier findings that the cause of death was accidental drowning. The present original petition challenged this final report and sought further investigation supervised by a senior-ranking officer.

The petitioner submitted that doubts persisted regarding the conduct of two individuals, Sabu, the Swami’s personal assistant, and Subhash, the Swami’s driver, both of whom were present at the scene. The petitioner relied on statements allegedly made by Dr. Biju Ramesh, who claimed that one Priyan disclosed information suggesting that the Swami’s death was a murder. Based on this, the petitioner requested further investigation.

The respondents submitted that all relevant leads had been exhaustively pursued during prior investigations, including polygraph examinations of the individuals in question.

Justice Edappagath recorded that multiple layers of investigation had been conducted by the local police, the Superintendent of Police, and the SIT, and that all consistently pointed to accidental drowning as the cause of death. The Court stated, “The postmortem findings were consistent with death due to drowning. The chemical analysis report was collected. There is nothing in the chemical analysis report to suggest that it is a homicide.”

The Court observed that “several witnesses were questioned” and referred to the SIT’s thorough examination of the allegations raised by the Swami’s relatives and officials from Sivagiri Mutt. The Court noted that Sabu and Subhash were interrogated and subjected to polygraph tests. The Court recorded, “The examination report was negative.”

Regarding the superficial injury found on the Swami’s head, the Court noted that “a detailed investigation was also conducted with regard to the superficial injury on the Swami’s head and there was no suspicious circumstance in that matter.”

On the petitioner’s submission concerning Dr. Biju Ramesh’s statement, the Court recorded, “Accordingly, a detailed statement of Dr. Biju Ramesh was recorded on 30.10.2015. Mr. Priyan to whom Dr. Biju allegedly made the statement was also interrogated.”

Also Read: ‘“Waiver Not Mechanical”: Delhi High Court Remands NI Act Pre-Deposit Plea, Says “Presumption of Guilt Alone Cannot Mandate 20% Deposit”

The Court noted that despite these additional inquiries, “the SIT submitted the final report on 06.02.2021, reiterating that it is a case of accidental drowning.” The Court concluded that no further investigation was necessary and dismissed the petition.

The Kerala High Court dismissed the original petition and refused to direct further investigation. The Court stated, “In these circumstances, I am of the view that no more investigation is necessary in this case. Accordingly, the Original Petition is dismissed.”

Advocates Representing the Parties

For the Petitioner: Mansoor B.H., Advocate.

For the Respondents: M.P. Prasanth, Public Prosecutor.

Case Title: All Kerala Anti-Corruption and Human Rights Protection Council v. State of Kerala & Ors.
Neutral Citation: 2025:KER:21450
Case Number: O.P. (CRL) No. 350 of 2015
Bench: Justice Kauser Edappagath

[Read/Download order]