'What Kind Of Officers Are They? Further Victimizing The Victim': Kerala High Court On Bribery Allegations Against Police

The Kerala High Court on Monday issued a set of interim directions in a case where the Assistant Sub Inspector of Police (ASI) is accused of demanding bribe for the release of two girls from a children's home to their parents. The case was registered suo motu on the basis of a news report.When the matter was taken up, Justice Devan Ramachandran reprimanded the Police for victimizing the family and making them finance the to and fro air tickets and accommodation for the investigating officers who went to Delhi in search of the missing girls."How are they (the concerned police officers) further victimizing the victims? What kind of police officers are they? Don't they have any self-respect?" the Court asked rather troubled.The Court opined that by harassing the already shaken family, the police was further victimizing the victim and observed that there was no accountability in the system whatsoever.Interim Order: Competent authorities will ensure that the victim girls are forthwith returned to their home and the Protection Officer under POCSO will keep a vigil on them on a continuous basis. Needless to say, if any complaint is made by them, the competent authority should immediately act and ensure that they are protected in terms of law. Even though one of them says that she does not want to study further, the Protection Officer shall either counsel them or cause proper counselling in the presence of her parents so that the shock of the past incidents can be alleviated to the extent possible and they can be brought back to normal life as practically possible. This shall be done with the empathy it deserves and KELSA should offer their assistance as and when necessary.The Commissioner of Police, Kochi will file an Action Taken Report enclosing therein the charge memo against the officers concerned and explain the further steps taken against them, particularly on the allegation of the family that they were forced to provide air tickets, accommodation and that a demand of Rs. 5 lakh was demanded as a bribe by the ASI.As part of the investigation against the police officers, any statement of the family of the victims is to be obtained only in the presence of the Protection Officer at their residence and not in the Police station. News Report Suggests Police Demanded Money To Release Two Girls To Their Parents: Kerala High Court Takes Suo Motu CognizanceAllegation of BriberyThe Court inquired as to the progress of the probe into the allegation of bribery. Government Pleader E.C. Bineesh responded that an enquiry has been ordered and an enquiry officer has been appointed in the matter. However, the Court noted that the accused police officer had only been transferred instead of being suspended. It added:"Even assuming the girls did implicate their brothers, I have to see what is happening. I can't let these girls be destroyed like this."Similarly, the Court noted that there was absolutely no justification for keeping the girls away from their parents. "Allegations are still pending against the brothers. But why were the girls languishing in a care home education disturbed, away from family? The victim just keeps getting more victimized."Court's Endeavour:Through the orders of this court, the resolve was to verify two aspects:Whether the allegations made by the family of the two victim girls are true and if so, what action is being taken thereon?The well being of the two victim girls who are presently in a Care Home. With the afore in mind, in the previous order, the Court had requested the Kerala Legal Service Authority (KELSA) to depute a competent lady officer to talk to the family and the victim girls and thereby file a report. Advocate Santhosh Mathew appeared for KELSA and handed over a report settled by the Secretary of the District Legal Services Authority who is also a Sub-Judge, in a sealed cover. The Court opened the seal in the presence of all counsels in open court and perused its contents. In the account of implicit requirements of confidentiality, the Court did not reflect upon the details of the report. However, the bench while dictating the order revealed that it was perspicuous therefrom the stand of the victim girls is that the elder among them made certain statements to the Police Authorities, as well as to the Magistrate under Section 164 CrPC being persuaded and pressurized on account of certain inducements and promises. The Court clarified that this did not imply that it finds the same to be true but the sub judge had reported that the girls were very firm in their stand that they want to return to their family forthwith. It was also reported that according to the girls, their brothers are very fond of them and they have never misbehaved with them. They seemed to desperately want to be reunited with their family and live with their parents in future. Action against Responsible Police Officers:The Government Pleader filed a memo showing the proceedings of the Police Commissioner dated...

'What Kind Of Officers Are They? Further Victimizing The Victim': Kerala High Court On Bribery Allegations Against Police

Hannah M Varghese

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