Kochi: The Kerala High Court has rejected a Public Interest Legislation (PIL), seeking a probe by the Central Bureau of Investigation (CBI) into the deaths of two minor Dalit girls at Walayar in Kerala's Palakkad district in 2017.
The court pointed out that the trial into the Walayar case has been completed and the verdict pronounced. And that it was not possible to intervene in such a case through PIL.
The court, however, observed that the probe officers or the close relatives of the victims can seek redressal as is possible under the criminal jurisprudence.
The two siblings, aged 13 and 9, were found dead at their house within two months. Both of them were allegedly sexually abused. A court dealing with the Protection of Children from Sexual Offences (POCSO) cases had last week acquitted the three accused in the case.
The state government informed the High Court on Friday that it would file an appeal against the POCSO court's verdict and steps would be taken to bring the culprits to book.
CBI too on the same page
The CBI too said that as per the legal procedures, it was not possible to seek a re-probe into a case that had completed trial by filing a plea in the High Court. Also the PIL petitioner, who was not party to the case, did not have the authority to do so.
George Vattakulam, the president of an organisation called Malayala Vedi, had filed the PIL, alleging that the police, while ignoring the fact that the children were sexually abused, deemed their deaths as due to suicide. He further alleged that both the probe and trial into the case were interfered with by vested interests. However, the court did not agree to the request to withdraw the petition.
The options before the government
The government may approach the High Court, seeking to quash the earlier order by pointing out the flaws in the probe and prosecution's proceedings. Also, provide the evidence that can come in handy if the victims' kin move an upper court.
After a successful appeal in the High Court, a new team of the Kerala Police can be tasked with the re-probe. If the court quashes the verdict, then external agencies such as the CBI can be appointed to take over the case.
NHRC seeks details
The National Human Rights Commission (NHRC) has taken notice of the case. Its chairman Justice H L Dattu has said that the panel would probe the acquittal in the Walayar case if a complaint was received, despite the limitations.
The NHRC chairman had sought the details of the case from the government. The chief secretary has unofficially informed the commission that a re-investigation would be held.
Interestingly, Justice Dattu also said that most of the complaints it is getting from Kerala pertains to the dispute between the Orthodox and Jacobite factions of the Syrian Christian Church in Kerala. The complaints pointed out that the Jacobite believers were finding it to difficult to bury the deceased as a few churches are scenes of intense local rivalry between the devotees from the rival blocks.
The Justice also said that he has asked the Kerala State Human Rights Commission to take a decision on this without contravening the Supreme Court verdict.
