While hearing the petition of Nitin Raj’s family, Justice A. Badruddin said that it seems that a conspiracy was hatched by the police. He raised questions whether senior officers had acted to protect the accused.
The court said that it appeared that the police acted under pressure from the accused and ordered that action be taken against the officer responsible for the drama that took place during the arrest.
Kerala High Court questioned whether the police deliberately created such conditions due to which the accused got away easily. The court asked whether money has become more powerful than justice? Is the job of the police to harass the common people while protecting the rich?
The court said that now the public has clearly understood whose side the police is on. The court also said that the law and order and criminal justice system in the state has failed and merely changing the investigation team will not absolve the government of its responsibility.
These strong comments came after an earlier order by the Thalassery Principal Sessions Court, which said that the police failed to follow the necessary arrest procedures laid down by the Supreme Court.
The Sessions Court said that before granting remand, the special judge should ensure that all legal formalities have been followed.
Since the arrest memo only stated that the accused had committed a serious crime and the Supreme Court had rejected his anticipatory bail plea and as per the law, specific reasons for the arrest were not given, the court declared the arrest illegal and granted bail to Dr. Ram.
The High Court also raised the question as to how the confidential information of the investigation report and case diary reached the defense side, which reveals the possibility of information being leaked from within the police.
The court also criticized the investigation led by the Deputy Superintendent of Police and said that such fundamental mistakes are not acceptable in such a big case. Responding to the High Court’s strong comments, State Home Minister Ramesh Chennithala said that the government has taken these incidents seriously.
He said the government is keeping an eye on the matter and the state police chief has been directed to take all necessary steps to plug the shortcomings pointed out by the court. Meanwhile, the prosecution has applied to the District Sessions Court for permission to re-arrest Dr MK Ram. The hearing of this case is to be held on Thursday.
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