Kerala High Court Questions State Over Inaction
The Kerala High Court has raised concerns about the State’s lack of action against Deputy Superintendent of Police (DSP) Sudheer Kallan, despite evidence of significant procedural errors in the arrest process of a key suspect in the suicide case of Nithin Raj, a Dalit dental student. Justice A. Badharudeen expressed dissatisfaction with the police’s failure to suspend the officer, highlighting that these lapses initially resulted in the release of Dr. M Kodanda Ram, a professor at Kannur Dental College and the primary accused.
Justice Badharudeen probed, “Why are you not suspending him? The report indicates serious procedural lapses coupled with a careless and negligent approach in the investigation by the police personnel who arrested him. The improper preparation of arrest documents led to the accused’s release. Even after these findings, he has not been suspended?”
Victim’s Family Seeks Justice
These comments were made during a hearing on a petition filed by Nithin Raj’s parents, who are demanding clarity regarding the investigation and the circumstances of Dr. Ram’s arrest. Nithin Raj tragically ended his life on April 10 by jumping from a building near his college. Reports suggest that he had been subjected to caste-based harassment by faculty members at the dental college.
The police initially registered a case for abetment of suicide and related offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act), arresting Dr. Ram as the prime suspect. However, his initial arrest was deemed illegal by a trial court because the police failed to provide essential grounds for his arrest, leading to his subsequent re-arrest by the Crime Branch.
State’s Response Under Scrutiny
Special government pleader Rasheed C Nooranad informed the Court that after a preliminary inquiry by the Superintendent of Police of Wayanad, the State Police Chief has recommended disciplinary action against DSP Kallan. However, he noted that such proceedings would commence only after a proposed inquiry by a panel of officers is completed.
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Justice Badharudeen questioned the necessity of another inquiry given that an oral investigation had already highlighted significant lapses. The Court further inquired if senior police officials were attempting to shield the DSP.
The judge emphasized that the government should act decisively without awaiting court directives for every step, remarking, “I don’t believe the government lacks bona fides. The accused should avail himself of the remedies available; the government must perform its duty. Arrests are the police’s responsibility, while the Court’s role is to make decisions when actions are contested.”
Upcoming Proceedings
The Court’s order today acknowledged the serious lapses by the officer but noted that the State had taken no immediate action, opting instead to appoint a panel of competent officers for further inquiry. The State Police Chief has been directed to consider the inquiry report and take necessary actions, while the proposed panel must be established within a week. The matter is set for further hearing on August 17.
