KOCHI: An aged couple, who was fighting for justice in a custodial torture case for the past 30 years, can heave a sigh of relief with the High Court initiating suo motu proceedings against three retired police officers involved in the case.
The court also initiated contempt of court proceedings for not executing the warrant against the state police chief. The court initiated the proceedings based on the complaint filed by Photoclicks, High Court Junction, Ernakulam. The complaint stated though the Supreme Court upheld the conviction of C S Ramachandran Nair, J Abdul Kalam and E Subair Kunju, former police officers involved in the case, the sentence of imprisonment was not yet executed. Nair became Superintendent of Police, Kalam became Head Constable and Kunju got promotion as Sub Inspector and all of them are now retired.
The police summoned Balachandran along with his wife to the Venjaramoodu police station on the basis of a complaint filed by some of their relatives and manhandled them on September 16, 1988.
The legal battle started soon after the incident. He had moved a complaint against the police officers before the Judicial Second Class Magistrate, Nedumangad, but it was dismissed.
He moved the Sessions court and cognisance was taken. Thereafter, the case was transferred to the Judicial First Class Magistrate, Attingal, and the court found the police officers guilty and convicted.
The appeal filed by the convicts was allowed and they were acquitted, but Balachandran moved the High Court. The HC restored the conviction, with a modified sentence. The convicts sentenced to three months of imprisonment and fine. However, the Division Bench decided in favour of the convicts, but the Supreme Court restored the judgement of the Single Judge. Balachandran submitted that sentence could not be executed owing to the non-execution of warrants issued against them.
The convicts are evading punishment even after their representation for remission was annulled and they are leading a hassle-free retired life with service benefits. The District police chief had returned the warrants against the convicts.
The High Court observed that “Course of action pursued by the police reflects mockery of the process and poses a threat to the Rule of Law. Prima facie, it amounts to contempt of court as well; besides lapses on the part of the officers concerned in discharging their official duties.”
The ordered to register a case against the Home secretary, state police chief, district police chief, Thiruvananthapuram (Rural) and others concerned. Suo motu contempt of court proceedings are also to be initiated against the state police chief and others.
Govt seeks time to comply with order
The state government on Tuesday assured the High Court that the policemen involved in the manhandling of the couple will be arrested and sought two weeks time to comply with the order of the Supreme Court. The court granted time and posted the hearing to August 21.