Kochi: The Kerala High Court on Wednesday came down heavily on the police and the state government over the handling of the investigation into the death of Anjarakandy Dental College student R.L. Nithin Raj, observing that serious procedural lapses in the arrest of prime accused Dr M.K. Ram had enabled him to secure bail and raised suspicions of collusion.
Hearing a petition filed by Nithin Raj’s family, Justice A. Badharudeen said there appeared to be a prima facie conspiracy on the part of the police and questioned whether senior officers had acted to shield the accused.
The court remarked that the police seemed to have acted under the influence of the accused and directed that the officer responsible for the “drama” surrounding the arrest be taken to task.
The High Court questioned whether the police had deliberately created circumstances that allowed the accused to walk free.
“Has money become more powerful than justice? Are the police meant to harass ordinary people while protecting the wealthy?” the court asked, adding that the public now clearly understood “whose side the police are on”.
The court also observed that law and order and the criminal justice machinery in the state appeared to have failed and said merely replacing the investigation team would not absolve the government of responsibility.
The sharp observations followed the earlier order of the Thalassery Principal Sessions Court, which held that the police had failed to comply with mandatory arrest procedures laid down by the Supreme Court.
The Sessions Court noted that a Special Judge must satisfy himself that all legal formalities have been followed before authorising remand.
Since the arrest memo merely stated that the accused had committed a serious offence and that his anticipatory bail plea had been rejected by the Supreme Court, without recording specific reasons for arrest as required by law, the court declared the arrest illegal and granted Dr Ram bail.
The High Court also questioned how confidential details from the investigation report and case diary had reached the defence, pointing to the possibility of information being leaked from within the police.
It further criticised the investigation led by a Deputy Superintendent of Police, saying such elementary lapses were unacceptable in a case of this magnitude.
Reacting to the High Court’s strictures, State Home Minister Ramesh Chennithala said the government had taken serious note of the developments.
He said the government was seized of the matter and that directions had been issued to the State Police Chief to take all necessary steps to address the lapses pointed out by the court.
The prosecution has meanwhile moved the District Sessions Court seeking permission to re-arrest Dr M.K. Ram.
The matter is scheduled to be heard on Thursday.
(IANS)
