MADURAI: Dissatisfied with the CB-CID for its failure to arrest suspended sub-inspector of police S Krishnakumari, who is one of the suspects in the case involving the alleged honour killing of techie Kavin Selvaganesh in Tirunelveli last year, the Madurai bench of the Madras High Court recently observed that selective exercise of investigative discretion, especially where the accused occupy positions within the law enforcement machinery, has the potential to erode public confidence in the fairness of criminal investigation.
Justice L Victoria Gowri made the observations while dismissing a petition filed by Krishnakumari (accused Surjith’s mother) seeking direction to the trial court in Tirunelveli to hear and decide her application to recall the non-bailable warrant issued by the trial court against her in November immediately upon her surrender before the court.
Holding that giving such a direction would amount to micro-managing the trial process, the judge further wondered why Krishnakumari was not arrested unlike her co-accused and husband Saravanan, who was also a sub-inspector and faced similar allegations. Though the government counsel submitted that Krishnakumari cooperated with the inquiry, the judge observed that the said explanation does not inspire confidence of the court and falls short of the standard of transparency and rigour expected of an investigating agency, particularly when the allegations disclose grave offences carrying severe penal consequences and implicating provisions of the SC/ST (Prevention of Atrocities) Act.
“In cases of this nature, courts are required to remain mindful of the statutory obligation to ensure that witnesses are insulated from any form of influence, whether direct or indirect. The record does not presently disclose the measures, if any, adopted by the investigating agency to address such concerns,” she added.
She, however, clarified that the observations are intended only as a reminder of institutional responsibility and should not be construed as a finding, direction, or mandate affecting the pending trial or rights and liabilities of the parties.
“It is expected that the investigating agency and the prosecuting machinery will, in future, scrupulously adhere to the statutory safeguards and constitutional obligations governing investigation, so as to preserve both the integrity of the process and the confidence of the victim and society at large,” she said, adding that Krishnakumari is at liberty to surrender before the trial court and seek relief there and the trial judge should decide her application influenced by the above observations.