Systems are a complete failure: Kerala HC slams police in student death case

The Kerala High Court questioned the role of senior police officials in the release of Dr M K Ram, accused in dental student Nithin Raj's suicide case. It sought an action report against the investigating officer and ordered scrutiny of procedural lapses

Kochi: The Kerala High Court on Friday reiterated that top police officials were involved in helping Dr MK Ram, accused in the suicide case of a dental student, to get released after being arrested. Justice A Badharudeen also asked the government what action it had taken against the Deputy Superintendent of Police who was heading the probe for creating the conditions that led to Ram’s release.

The government informed the court that the accused was not aware of the grounds of arrest, which was an “omission” on the part of the DySP, the investigating officer. Therefore, the government has initiated disciplinary proceedings against the officer and status of the same shall be placed before the court on August 10, the next date of hearing, the prosecutor said.

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The accused was taken into custody from Karnataka, where he was hiding after his anticipatory bail pleas in the case were rejected by the High Court and the Supreme Court, and his arrest was recorded on Monday. However, a special court under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act ordered his release on the same day, claiming that the grounds of arrest were not furnished.

Displeased over the outcome, the High Court on Wednesday had expressed doubt if top police officials were involved in protecting the accused and directed the investigating officer (IO), who arrested the accused, to appear in person before it on Friday.

It had also sought the presence of the Superintendent of Police, Crime Branch, who supervised the investigation, to also appear in person. When the matter was taken up on Friday, both officers were present.

During the hearing, while the officer was present in person, the High Court observed that the police waited for Ram to surrender and moved to arrest him only later.

It also questioned whether the officer knows the Supreme Court guidelines with regard to making arrests and pointed out that the public was watching everything. The court also said that the officer did not appear to be qualified to do his job and observed that he cannot escape his responsibility because the investigation team has been changed.

“What is happening in the state? The systems are a complete failure. Everyone knows with whom the police are,” it said and sought an explanation from the government regarding the matter. The High Court also directed the Principal Sessions Court to produce documents of the case and said it will examine if there was any lapse on the part of the special court judge.

The High Court also directed the special court judge to ensure the IO follows all the requisite steps and said that the remand can be considered only after such formalities are complied with.

The victim, Nithin Raj, a student of the college at Anjarakandy, was found dead on April 10 after falling from a building on the college campus in a suspected case of suicide. According to the investigation, Raj, belonging to a Scheduled Caste, was insulted and intimidated by Ram in the classroom.