Kerala High Court Deliberates on Tomin Thachankary’s Appeal
The Kerala High Court has reserved its ruling on an appeal by former Director General of Police (DGP) Tomin Thachankary, who seeks a suspension of his four-year prison sentence. This sentence stems from a conviction in a disproportionate assets case, formally cited as Tomin J Thachakary v. State of Kerala. Thachankary has requested that his sentence be suspended while his appeal against the trial court’s verdict is pending before the High Court.
Judicial Observations by Justice A Badharudeen
During the hearing, Justice A Badharudeen reserved his verdict on the matter of interim relief. He expressed concern that granting such relief often disproportionately benefits the accused. Justice Badharudeen noted the challenges in securing convictions in corruption cases, stating, “Achieving a conviction or even conducting a trial is a formidable task. Trials can be stalled in numerous ways. Ultimately, even after a conviction and sentence, accused individuals often secure release through appellate powers, prolonging the appeal process indefinitely, sometimes even resulting in the accused passing away before a resolution, thus defeating the purpose of justice.”
Concerns Over Corruption Convictions
The court also highlighted the troubling trend where, after conviction, corrupt officials spend minimal time in prison before being released and potentially reinstated in their posts. Justice Badharudeen emphasized, “To maintain public trust in the system, the Prevention of Corruption Act must be enforced effectively. Unfortunately, corrupt individuals frequently evade consequences, and we struggle to curb these activities.”
The Case Against Tomin Thachankary
The origins of the case trace back to a complaint by anti-corruption advocate Bobby Kuruvila, alleging that Thachankary accumulated properties disproportionate to his known income during his tenure. A subsequent vigilance investigation revealed that Thachankary acquired assets worth over ₹64 lakh between 2003 and 2007, exceeding his known income. The Kottayam Enquiry Commissioner and Special Judge (Vigilance), KV Rajaneesh, sentenced him to four years’ imprisonment on September 17.
Appeal and Opposition
Thachankary appealed the trial court’s decision in the Kerala High Court, seeking a suspension of his sentence during the appeal. The Kerala government opposed this plea, arguing against suspending the sentence until the appeal’s conclusion. Thachankary contended that the trial court’s verdict was flawed, alleging discrepancies in the sanction orders and questioning the methods used to calculate his income.
Legal Representation and Proceedings
Represented by Senior Advocate B Raman Pillai and a team of advocates including S Rajeev, MS Aneer, Sarath KP, Anilkumar CR, KS Kiran Krishnan, Dipa V, Akash Cherian Thomas, TP Araving, Azad Sunil, Akshara S, Nivedita Rajeev, and Ebee Antony, Thachankary continues to challenge the trial court’s findings.
The court has allowed the State to submit its objections to Thachankary’s plea, and the High Court’s decision on the matter is eagerly awaited.
