Something is rotten in Kerala Police; HC flays unholy nexus between police-accused
Something is rotten in Denmark. The HC quoted Shakespeare to reveal the deplorable situation of the Kerala police where a nexus exists between the police and accused in a counterfeit currency case.
Such situations will shatter the investigating machinery and criminal jurisprudence will not reach anywhere, observed Justice P V Kunhikrishnan of the Kerala High Court.
It was a counterfeit note case that happened long ago in 1990 and a detective inspector was dealing with the case. The fake currency business was going on in a building near Kochi city. The charge sheet in the case was filed only after 10 years. The trial was in additional sessions court in Ernakulam. The investigating officer had retired by then. He appeared as a witness but he deposed against the prosecution. Subsequently he was declared hostile by the prosecution.
Yet depending on the available evidence, the additional sessions court convicted seven accused and sentenced them to three years imprisonment. The accused then filed an appeal in the high court.
Justice Kunhikrishnan directed the DGP to depute a senior officer to conduct an enquiry regarding the investigation and submit the charge sheet in the case.
It has to be filed within six months. The Judge observed that there cannot be any thinking among the officers of the police department that after retirement they can depose before a court and go against the prosecution. There should be an efficient mechanism to protect the criminal investigation system.
The High Court reminded the DGP that the Court cannot be a silent spectator to these situations. The Judge said that there had been an unholy relation between the accused and detective inspector in this case.
Let the DGP enquire the same. If such attitude continues it will be highly detrimental to the police force where the accused persons will go scot-free.
The High Court set aside the lower court judgment and acquitted the accused granting them benefit of doubt.
A police officer who investigated the case turning hostile is a deplorable state of affairs. That is why I quoted Shakespeare and reminded something rotten in Denmark. That reminds one of the rotten state of affairs in the State Police.
The Judge further said that he does not want to make any more comments. Let the DGP enquire untrammelled of any observations of the High Court.
The High Court is forwarding a copy of the judgment to the Government also to forthwith compliance of the directions.