The Kerala High Court has raised serious concerns regarding the procedural failures in the arrest of Dr. M Kodanda Ram, a professor at Kannur Dental College, who is the primary suspect in the alleged abetment of suicide case involving Dalit student Nithin Raj. Justice A Badharudeen, presiding over the case, emphasized the critical nature of such sensitive investigations, underscoring that any procedural lapses must be avoided to prevent the accused from evading justice.
Deputy Superintendent of Police (DySP) Sudheer Kallan faced intense scrutiny from the court for his role in the arrest process. Earlier, the trial court deemed Dr. Ram’s arrest illegal due to the police’s failure to properly communicate the grounds for arrest, resulting in his initial release. Justice Badharudeen expressed concern over whether these shortcomings were an attempt to undermine the State’s Home Department, which has been engaged in initiatives like Operation Toofan.
The court was responding to a petition filed by the parents of Nithin Raj, seeking clarification on the Supreme Court’s directives regarding the communication of arrest grounds to defendants. The case revolves around Nithin Raj, a dental student who tragically committed suicide on April 10 after reportedly enduring caste-based harassment from faculty members, including Dr. Ram.
Dr. Ram, who was later re-arrested, faces charges of abetment to suicide and violations under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act). The court questioned DySP Kallan about his extensive experience in law enforcement, challenging him on the procedural lapse in this high-profile arrest.
“You must ensure that you conduct investigations with the utmost diligence, leaving no room for the accused to escape prosecution,” remarked Justice Badharudeen. “Why did such a lapse occur in this case when you have consistently provided grounds of arrest in previous instances?” he inquired.
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The court admonished the police officer, reminding him of his duty to impartially investigate and deliver justice to both the aggrieved party and the accused. Justice Badharudeen emphasized the importance of not showing favoritism or deviating from fulfilling legal responsibilities.
The prosecution had earlier suggested the initiation of disciplinary proceedings against the officers involved in the arrest. Consequently, the court decided to adjourn the matter for two weeks, awaiting the outcomes of these proceedings.
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