KOCHI: The Amicus Curiae appointed by the High Court has informed it that the power to investigate and arrest an accused person is vested with the police. The report was filed following a court directive on a petition filed by a woman accused in the solar scam seeking direction to arrest Hibi Eden, against whom she had raised a rape allegation. Hibi was recently elected to the Lok Sabha from the Ernakulam constituency.
Mitha Sudheendran was appointed as Amicus Curiae to assist the court to find out whether statutory remedies are available to the petitioner as per the provisions of the Code of Criminal Procedure and also check whether the plea seeking a directive to arrest the elected representative was maintainable. The petition stated that though an FIR was registered against Hibi, the investigation officer did not initiate steps to arrest him as the accused was an influential person.
The Amicus Curiae informed the court that Section 41(1)(a) of the CrPC statute prescribes a stringent procedure to be followed before the arrest. Whether the arrest is necessary or not is the discretion of the investigating officer. The court said at this stage it is too early to decide whether there was any inaction on the part of the police regarding the complaint. Whether it needs to interfere or not can be decided only after determining the progress of the investigation and giving the two parties due to opportunity for a hearing.