Assault on Health Minster Veena George: Accused moves Kerala HC to transfer probe to senior police officer

The Kerala High Court on Wednesday sought the State's response to a plea raising concerns about the fairness of the police probe into the attack on Health Minister Veena George at the Kannur railway station [Athul MC v State of Kerala & ors].

The plea has been moved by one Athul MC, who is among those booked for assaulting George amid a black flag protest by student union activists against medical negligence incidents reported at the time in the State.

Justice Kauser Edappagath has directed the State to obtain instructions on the reliefs sought by the petitioner. The plea will be heard next after the Court's upcoming summer vacations.

The cases arises from a February 25 incident. The Health Minister had gone to the Kannur railway station to board the Vande Bharat Express to Thiruvananthapuram.

According to First Information Report (FIR), several persons trespassed into the railway premises, showed black flags, raised slogans and attempted to attack the minister, thereby obstructing her from discharging official duties.

According to reports, George suffered injuries to her hand and neck and was treated at a local hospital.

Subsequently, crime was registered against the accused by the Kannur Railway Police under multiple provisions of the Bharatiya Nyaya Sanhita, 2023, including for offences relating to unlawful assembly, rioting, wrongful restraint, voluntarily, causing hurt, attempt to murder, along with provisions of the Indian Railways Act 1989, for trespassing and causing nuisance at the railway premises.

In his plea, Athul has contended that the allegations have been exaggerated without a shred of evidence. He highlighted that the incident occurred in a highly secured public place with heavy police presence, CCTV surveillance and media coverage. The video recordings show that the police have exaggerated what actually happened at the station, the plea adds.

"Multiple video recordings of the incident are available and widely circulated. It is very clearly visible from the said videos that the accused persons were standing outside the entrance/portico area and raising slogans and showing black flags as a form of protest. It is equally evident that the Hon’ble Minister was at all times surrounded by a large security personnel consisting of police and security staff who formed a protective ring around her immediately upon her arrival. The above allegations incorporated in the FIR are wholly false and exaggerated," the petition stated.

The petitioner has further claimed that the FIR's registration was delayed to add more serious offences against the accused without sufficient proof.

The petitioner has submitted that the demonstration at the railway station was only meant to raise concerns about the functioning of the Health Department and should have been treated as a political protest.

He has alleged that the ongoing investigation against him is arbitrary and unfair, violating his fundamental rights under Articles 14 (right to equality) and 21 (right to life) of the Indian Constitution.

Therefore, he has urged the Court to direct a transfer of the probe to a senior police officer not below the rank of Deputy Superintendent of Police, to ensure that it is transparent and fair.

The petition has been filed through advocates Feroze D, Abid Ali KA, Janet Varghese and Adarsh A.