Udayakumar custodial death: CBI moves Supreme Court against acquittal of police officers

The Supreme Court on Friday (April 17) issued notice to two accused police officers from Kerala on a plea challenging their acquittal in the Udayakumar custodial death case [Central Bureau of Investigation vs. Jitha Kumar K & Ors.].

A Bench of Justices Vikram Nath and Sandeep Mehta sought responses from the accused police officers on the appeal filed by the Central Bureau of Investigation (CBI) against the Kerala High Court's verdict acquitting the two officers.

"Issue notice returnable on 19th May" the Court said.

Last year, the Kerala High Court had acquitted and set aside the death sentence awarded to police officers K Jithakumar and SV Sreekumar by a CBI court in 2018 in connection with the custodial death of a 26-year-old man, Udayakumar.

The High Court had also set aside the conviction and three-year imprisonment awarded to three other police officers - TK Haridas, T Ajith Kumar and EK Sabu - who had been found guilty of conspiracy and destruction of evidence.

The case dates back to 2005 when Udayakumar was allegedly apprehended by police from a park in Thiruvananthapuram along with another individual.

The prosecution case was that police suspected them of possessing stolen money and subjected Udayakumar to custodial torture at the Fort police station.

A post-mortem examination reportedly revealed that Udayakumar had suffered more than 40 injuries on his thighs and lower abdomen.

Following allegations of delay in the investigation by the State police, the CBI took over the probe in 2008 after Udayakumar’s mother approached the High Court.

In 2018, a CBI special court in Thiruvananthapuram convicted five police officers in the case. The trial court awarded death sentences to Jithakumar and Sreekumar for murder, while three other officers were sentenced to three years’ imprisonment for conspiracy and destruction of evidence.

All five officers subsequently challenged the conviction before the Kerala High Court, which allowed their appeals and acquitted them of all charges.

The CBI then moved the Supreme Court.

Following the top court's notice, the case will be heard next on May 19 after the police officers file their responses.