Ex-police chief’s warning: Procedural mistakes could let Rahul Mamkootathil slip away

Kochi: Dr T.P. Senkumar, Kerala’s former police chief, has questioned the handling of the arrest of expelled Congress MLA Rahul Mamkootathil, focusing on procedural compliance rather than the merits of the allegations.

In a detailed Facebook post on Monday, Senkumar emphasised that strict adherence to the Bharatiya Nagarik Suraksha Sanhita (BNSS) is crucial to maintain the legal integrity of criminal cases.

Focus on Procedure, Not Allegations

Former Kerala police chief Dr T.P. Senkumar has raised serious concerns over the arrest of expelled Congress MLA Rahul Mamkootathil, emphasising that failure to follow legal procedures could weaken the case. In a detailed Facebook post, Senkumar highlighted that his critique targets procedural compliance under the Bharatiya Nagarik Suraksha Sanhita (BNSS), not the substance of the allegations.

Complaint Registration Under Scrutiny

Senkumar questioned whether the mandatory provisions of the BNSS were followed when registering the rape complaint. He pointed out that if the complaint originated via email from abroad, the police were required to summon the complainant in person, obtain her signature, and only then register the case. Failure to adhere to this process, he warned, could render the case legally vulnerable.

The former police chief also asked whether the complainant underwent a medical examination within 24 hours of case registration, as required under BNSS Section 184(1). Without this examination, Senkumar noted, the credibility of the complaint under Section 35(1)(b) could be challenged in court.

Senkumar raised additional procedural questions, including how the police could legally inform the grounds of arrest under Section 47(1) or secure judicial remand under Section 187(1) if foundational steps were overlooked. He further stated that a grievance submitted to the Chief Minister cannot, on its own, constitute the start of criminal proceedings.

Midnight Arrest Sparks Debate

Rahul Mamkootathil was arrested in a secret midnight operation on Saturday following a complaint from a woman currently residing in Canada. The complainant had also sent a voice message to Kerala Chief Minister Pinarayi Vijayan, detailing the hardships she alleged to have faced.

Using a metaphor, Senkumar warned, “If criminal procedure is not followed, the ‘hen’ will get away,” urging police to strictly adhere to statutory safeguards. His intervention has shifted the focus from political debates to the legal validity of the arrest, highlighting the critical importance of following due process in high-profile cases.

While Kerala police maintain that the arrest and subsequent actions were carried out in accordance with the law, Senkumar’s observations underscore the potential risks of procedural lapses and the need for strict legal compliance to ensure that justice is upheld.

(With IANS inputs)