Kerala HC questions inaction against DySP over lapses in Nithin Raj suicide probe

The Kerala High Court on Monday questioned the State government over its failure to take action against the Deputy Superintendent of Police (DySP) who investigated the suicide of dental student Nithin Raj, despite its own findings of serious procedural lapses in the probe.

Justice Badharudeen observed that an oral enquiry alone would not suffice in a case involving such serious lapses and questioned the State's decision not to suspend the investigating officer pending departmental proceedings.

“Why are you not suspending him? In such serious cases, police officers must be suspended pending enquiry,” the judge orally remarked.

The court's observations came after the government submitted an order directing an oral enquiry under Rule 6 of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules against DySP Sudheer Kallen of the Crime Branch.

The government order found serious procedural deficiencies in the investigation, including the failure to communicate the grounds of arrest when Dr M Kodanda Ram was taken into custody. This ultimately led to his release by a sessions court.

Noting the findings recorded in the government order, the court questioned why no immediate action had been taken against the officer.

“Today, a government order issued by the Additional Chief Secretary has been placed before the court, finding serious lapses on the part of the officer. No immediate action has been taken by the authority concerned, and now the GO says that a panel of enquiry officers is being appointed. The Police Chief is specifically directed to consider the report and pass necessary orders and also form the competent officers' panel within one week,” the court observed.

Accordingly, the court directed the State Police Chief to consider the enquiry report and pass appropriate orders expeditiously.

This is not the first time the probe has come under scrutiny from the court. The court had earlier raised suspicions of a larger conspiracy to shield the accused.

The case dates back to April 10, when Nithin Raj, 19, allegedly died by suicide after being harassed by teachers over his caste and complexion. Dr Ram, the main accused in the case, evaded arrest for nearly 100 days.

On July 19, a Crime Branch team led by Inspector Sreejith Koderi picked him up from Kodagu district in Karnataka. The next day, the Thalassery Principal Sessions Court refused to remand him in custody after finding that the investigating agency had failed to communicate the grounds of arrest to him, as required under a recent Supreme Court ruling.

The prosecution alleges that Nithin Raj died by suicide following persistent mental harassment by Dr Ram, who allegedly humiliated him in front of his classmates knowing that he belonged to a Scheduled Caste community.

Dr Ram is accused of offences under Section 108 of the Bharatiya Nyaya Sanhita (BNS) and Sections 3(1)(r) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
(With LiveLaw inputs)