Kochi: The Kerala High Court on Wednesday sharply criticised a Deputy Superintendent of Police (DySP) for allegedly failing to follow mandatory arrest procedures in the Kannur Dental College caste row death case, and said it prima facie suspected the involvement of senior police officials in a conspiracy to keep the prime accused out of custody.

Hearing a plea by the parents of deceased dental student Nithin Raj, Justice A Badharudeen questioned why the investigating officer did not communicate the grounds of arrest to professor Dr M Ram, even though it is a settled legal requirement. A Special Court had earlier set aside Ram's arrest on that ground.

According to Bar and Bench, the judge questioned whether an experienced DySP could have overlooked such a basic legal safeguard. "Do you think a DySP is unaware that grounds of arrest have to be communicated? He might have arrested many persons before. Why was this done in this particular case alone?" the report quoted the judge as saying.

'Large conspiracy' involving top police officials

The court also questioned the police's handling of the investigation after Ram remained out of custody for more than 100 days and his anticipatory bail pleas were dismissed by the Sessions Court, the High Court and the Supreme Court.

As reported by Bar and Bench, Justice Badharudeen said, "This is not his own action. This appears to be an action followed by the top officials of the State Police as part of a large conspiracy hatched to save the accused from detention."

When the Public Prosecutor suggested appointing an IPS officer to examine the issue, the judge instead called for disciplinary action against the investigating officer. "He must be removed from service. He is incompetent to hold the post... I think a large conspiracy has to be investigated," the report quoted the judge as saying.

The judge also remarked that justice was being denied to a poor family and questioned whether the police force existed "to harm the poor and protect the rich", Bar and Bench reported.

The High Court directed the DySP who arrested Ram to appear before it on July 24 with all records submitted before the Special Court and file an affidavit explaining whether Supreme Court guidelines on arrest formalities were followed.

It also sought the remand records from the Special Judge and said the judge's role in ensuring compliance with arrest safeguards would be examined when the matter is heard again on July 24.