Kerala High Court Questions Home Department's Double Standards in Police Officer's Case
The Kerala High Court on Monday raised concerns over the Home department's inconsistent approach to disciplinary action against government officials. Justice A. Badharudeen, hearing a plea filed by the parents of a deceased dental student, observed that the department had failed to suspend a police officer despite admitting a serious lapse in arrest procedures, while suspending others for comparatively lesser issues.
The court was considering allegations of procedural irregularities in the investigation into the death of R.L. Nithin Raj, a first-year BDS student at Anjarakkandy Dental College in Kannur. The prime accused in the case, M.K. Ram, had been arrested by Deputy Superintendent of Police Sudheer Kallen, but the arrest was reportedly flawed, leading to Ram's release. The department subsequently admitted to the lapse.
Justice Badharudeen pointed out that the Home department had not hesitated in suspending a teacher who included the name of V.D. Savarkar as an answer in an Independence Day quiz, an undersecretary of the Thiruvananthapuram Corporation who allegedly aided a BJP councillor detained under the Kerala Anti-Social Activities (Prevention) Act, and Additional Director General of Police M.R. Ajith Kumar, who was accused of interfering with a probe into an assault on Youth Congress workers during the Nava Kerala Sadas.
The court questioned why the department was not taking similar action against Kallen, whose 'serious lapse' in arrest procedures had been admitted by the department itself. It said the department appeared to be practising double standards in punishing officials. The court further stated that it would direct an investigation into the matter.
The case relates to a plea by the parents of Nithin Raj, who alleged procedural irregularities in the investigation into their son's death. The court had earlier summoned Kallen to explain why he had made omissions during the arrest, despite having 22 years of service. M.K. Ram is currently in custody after being re-arrested by the Crime Branch, this time following proper procedure.
The court's oral observations came as it reserved orders in the case. The judge noted that the department's own admission of the lapse made the lack of disciplinary action against Kallen all the more inexplicable. The court's remarks highlight a broader concern about accountability within the state's police and administrative machinery.
Legal observers say the High Court's decision to possibly order an investigation into Kallen's conduct could set a precedent for how such procedural lapses are dealt with in the future. The parents of the deceased student have maintained that the investigation into their son's death was compromised from the initial stages, and they have sought a thorough and unbiased inquiry.
The state government has not yet commented on the court's observations. The case is expected to be heard further after the court issues its formal order.
