Attempt to tarnish Home Department? Kerala HC to DySP on lapses in arrest of professor booked for Dalit student suicide

The Kerala High Court on Friday quizzed the Deputy Superintendent of Police (DySP) Sudheer Kallan over procedural shortcomings in the arrest of Dr M Kodanda Ram, a Kannur Dental College professor who is the prime accused in the abetment of suicide case registered following the death of Dalit student Nithin Raj.

Justice A Badharudeen on Friday said that in sensitive matters such as this one, there should be no loopholes in arrest and investigation.

The police's failure to communicate the grounds of arrest to Dr. Ram had earlier prompted a trial court to declare the professor's arrest as illegal and order his release.

"In such a sensitive case, you must have the capacity to look into the investigation with a way to ensure that no loopholes could be provided to the accused, get out of the clutches of prosecution and also the investigation. what supervision have you done," the High Court said today.

Further, the judge asked whether the shortcomings were deliberate in order to tarnish the State's Home Department.

"Is this an attempt to tarnish the Home Department which is doing many good things, including Operation Toofan. You want to take some revenge on the government?" the Bench asked.

"Nothing like that Your Lordship," the DySP responded.

The Court was hearing a plea filed by Nithin Raj's parents, who sought clarity on the scope of the Supreme Court's directions requiring the grounds of arrest to be communicated to the accused.

Nithin Raj, a dental college student in Kerala, died by suicide on April 10 after jumping from a building near the college. Before his demise, Raj is alleged to have faced caste-based harassment from the faculty at the dental college.

Dr. Ram is the prime accused in the case, booked for abetment of suicide and offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).

He was arrested by the police initially but a failure to supply the grounds of his arrest to him led to the trial court ordering his release.

He was rearrested later.

During an earlier hearing, the High Court had criticised the State police for the lapses that led a trial court to order the release of Dr. Ram

The Court today asked the DySP why such a lapse had occurred.

"How long have you been serving as a DySP? How many arrests have you made so far?..How many persons have you arrested after becoming a DySP? You have given grounds of arrest to others then why in this case such a lapse," the judge asked.

The High Court reminded the police officer to discharge his duties honestly.

"You cannot protect any accused by such acts. Do your duty honestly, to do justice in between two parties, one who is aggrieved and one who is accused. Your duty is to investigate and not to deviate by taking sidelines to save somebody among the two litigants without addressing the grievance of one among them," the Bench said.

The Court also reminded the public prosecutor of earlier observations regarding the need for disciplinary proceedings to be initiated against the police officers responsible for the lapses.

The Court said it will await the outcome of such proceedings, before deferring the hearing by two weeks.

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