Kerala HC suspects foul play in Thachankary's hospitalisation, hints at medical inquiry

The Kerala High Court on Thursday aired suspicions over the circumstances in which former Director General of Police (DGP) Tomin J Thachankary was hospitalised shortly after being sent to jail in a corruption case.

Justice A Badharudeen observed that Thachankary had barely spent any time in jail despite his conviction, as he was hospitalised soon after being taken into custody and his sentence was subsequently suspended. The Court was also unconvinced by the submission that the former DGP had been admitted to hospital due to breathing difficulties.

Justice Badharudeen questioned why Thachankary was now seeking permission to travel abroad for a work assignment if his medical condition was so serious. "Please apply common sense. The moment he is in jail, he goes straight to the hospital and stays there. The moment he gets bail, he comes to court to seek permission to travel abroad. He was not even sent to a (jail) cell. He saw a cell only when he inspected an accused as DGP," the judge remarked.

The judge indicated that he would order an inquiry into the circumstances surrounding Thachankary's hospitalisation, including the role of doctors and prison officials.

"What is his illness? Whether he was put in the jail hospital for any disease, or whether the doctor therein is involved, who are the persons involved, the Jail Superintendent or any other persons in the police hierarchy. All these matters are to be investigated. I won't leave this matter without an inquiry. He must go for a medical board examination," the judge said.

Justice Badharudeen also suspected a possible conspiracy to help Thachankary avoid spending time in a jail cell.

Addressing his counsel, the judge questioned whether the former DGP's medical condition was genuinely serious or whether prison doctors and officials had helped him avoid incarceration. The Court adjourned the matter after recording in its interim order that there appeared to be anomalies in Thachankary's arguments.

Thachankary was sentenced to four years in prison by a trial court in a corruption case in September. The High Court suspended his sentence the following month pending his appeal but barred him from leaving India without prior permission.

He subsequently approached the High Court seeking permission to travel to Dubai for employment. On November 2, the Court questioned his claim of serious illness, given his proposed foreign travel, and sought details of his hospitalisation from the Poojappura Central Jail Superintendent.

When the matter came up on Thursday, Thachankary's counsel sought permission to withdraw the travel plea. However, Justice Badharudeen said he might still pursue an inquiry into the circumstances of the former DGP's hospitalisation.
"If you (Thachankary) have a problem like that (breathing problems), then you should stay in the hospital, instead of wanting to go to Dubai to do a job. How is he planning to go to Dubai? He can withdraw the application, but at the same time I may go for other steps," the judge said.

(With Bar and Bench inputs)