Why are you not suspending him? Kerala HC pulls up State over inaction against cop in Dalit student suicide case

The Kerala High Court on Monday questioned the State over its failure to suspend Deputy Superintendent of Police (DSP) Sudheer Kallan despite a finding of serious procedural lapses in the arrest of an accused in the case concerning the suicide of Dalit dental student Nithin Raj.

Justice A Badharudeen said police's negligent approach had initially led to the release of the prime accused Dr M Kodanda Ram, a Kannur Dental College professor.

"Why are you not suspending him? The report states that there are serious procedural lapses coupled with a careless and negligent approach in the investigation by the police personnel who arrested him. The preparation of the arrest-related documents resulted in the release of the accused. Even after finding all this, he has not been suspended?" Justice Badharudeen orally asked.

The Court was hearing the plea fled by victim's parents, who have been seeking clarity on the investigation and circumstance surrounding the arrest of Dr. Ram.

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.

The police registered a case for abetment of suicide and offences under the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) and arrested the prime accused, Dr. Ram.

However, his initial arrest had been declared illegal by a trial court after the police failed to furnish mandatory grounds of arrest to the accused. He was subsequently re-arrested by the Crime Branch.

Today, Special government pleader Rasheed C Nooranad told the Court that following a preliminary enquiry by Superintendent of Police of Wayanad, the State Police Chief has recommended disciplinary proceedings against DSP Kallan.

However, he added that the disciplinary proceedings would be initiated only after the completion of a proposed enquiry by a panel of officers.

Justice Badharudeen questioned the need for another enquiry when an oral enquiry has already found serious lapses in the arrest.

The Court further asked whether higher-ranking police officials were attempting to protect the DSP.

The judge made it clear that the government should take necessary action rather than wait for the Court to direct every step.

"I don't have an opinion that the government is not bonafide. The remedies available to the accused let him avail those, you (government) do your job. The job of police is to arrest. Court's job is to take decision when such action is challenged," Justice Badharudeen remarked.

The Court in its order today, recorded that the officer had committed serious lapses but no immediate action was being taken by the State and instead a panel of competent enquiry officers is slated to be appointed.

It directed the State Police Chief to consider the enquiry report and pass necessary orders while also directing that the proposed panel be constituted within one week.

The matter will be heard next on August 17.

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