In a setback to Kerala’s CPI(M)-led lDF Government which has ruled out a CBI probe into the recent murder of a youth, Sreejith (26) of Varappuzha near Kochi, in police custody, the High Court on Friday observed that it was inappropriate for police to hold probe in a case in which their own officials were the accused.
Quoting previous rulings of the Supreme Court in similar cases, Justice P Somarajan of the High Court said that the accused in the case were police officials and in such a situation, it was improper for the police to hold an investigation against themselves. legal experts said the court’s observation might pave the way for a CBI probe in the custodial murder case.
The court made the observation while considering a petition filed by Akhila, the 24-year-old widow of Sreejith, seeking orders for a CBI investigation into her husband’s death in police custody over two weeks ago. State BJP general secretary AN Radhakrishnan has impleaded in the case seeking CBI investigation.
The court asked the State Government to explain its stand on handing over the investigation into the custodial murder to the CBI. It also sent notice to the Central investigating agency asking it to make it clear whether it was ready to take over the case. Both parties have to file their replies by May 4, the day the court will consider Akhila’s petition again.
However, the State Government submitted before the court that an effective investigation was already on in the case. It said that an FIR had been registered by naming four police officials including a sub-inspector as accused. Probe was on to find out whether more policemen were involved in the murder of Sreejith, the Government claimed. Sreejith, who was taken into custody at midnight April 6 by three officials of the now-disbanded Rural Tiger Force under Superintendent of Police AV George from his house in connection with the suicide of a neighbour, died at a Kochi hospital on April 9 due to the grave internal injuries he had suffered during the torture at the police station at Varappuzha.
Four police officials including Sub-Inspector GS Deepak were arrested and six officials were suspended from service immediately after the incident. However, instead of booking him, AV George, then SP, Ernakulam (Rural) who has been accused of sending his subordinates to take Sreejith into custody illegally, was transferred to the Police Academy.
The custodial murder is presently being probed by a special investigation team of the State police headed Inspector General S Sreejith, which on Friday continued interrogating the four arrested police officials. Sources in the police indicated that further action from the part of the police in the case were unlikely till the High Court passed its order on Akhila’s petition. Seeking orders for CBI probe into the murder of her husband, Akhila said in her petition that the police’s probe was unsatisfactory. She also requested a probe to find out whether forces from outside the police had intervened in the arrest and murder of her husband, adding that the role of people occupying high positions in the case would not come to light through a police probe.
Akhila also sought a compensation of Rs 1 crore for the loss of her husband. BJP leader AN Radhakrishnan, who has impleaded in the case, accused SP AV George of conspiring to endanger the lives of the workers of his party by trapping them in the suicide case in which Sreejith was arrested.
Earlier in the week, Marxist Chief Minister Pinarayi Vijayan had come down heavily on P Mohanadas, acting chairman of the State Human Rights Commission (SHRC), for demanding and recommending a CBI investigation in the custody murder case. Mohanadas had also criticized the transfer of SP George, accused of involvement in the case, to a plum position.
Accusing the SHRC chief of acting like a politician, Pinarayi said Mohanadas should join politics instead of making political statements while continuing as the head of the commission. However, Mohanadas responded to the charge by saying that the Chief Minister had made the comments because he was ignorant of the law.