Hema Panel Report: Secret statements, audio and video clips in Govt hands?

Kochi: It is learnt that the government is in possession of all the secret statements, audio and video clips given by those who have deposed before the Justice K Hema Committee. Along with the report, the Committee has also handed over these documents to the government. The government, however, had informed the High Court that it did not have the transcripts and supporting documents while considering a petition seeking investigation in the case on the basis of the Committee's report.

High Court Retd Judge Justice J B Koshy, who was heading the Christian Minority Commission, said that the Committee cannot legally keep the records after submitting the report. After the submission of the report, it is the responsibility of the government to keep the records. The court and the police can ask for these documents to be checked. He said that such documents are kept along with the secret documents of the government. For clarification in this regard, Justice K Hema's response was not available.

Not registering FIR a failure

Criticism has been strong regarding the police's failure to register an FIR based on the report. Concerns have also been raised that the formation of the jumbo investigation team, consisting of seven IPS officers, may further delay the filing of the FIR.

As per the law, the Station House Officer is the one to register an FIR. The SHO, however, will have practical difficulty in this regard when IPS officers are part of the investigation team.

In the Lalitha Kumari case, the Supreme Court clarified that if the police receive information about a cognizable offense, they must register an FIR. The Court’s 2013 order made it clear no preliminary inquiry is required before filing an FIR. The introduction of the ‘Zero FIR’ provision in the new Bharatiya Civil Protection Code aligns with this ruling.