10 Dec 2021 4:43 PM GMT
The Kerala High Court on Friday directed the Inspector General of Police to inform the progress of the investigation in the incident where a Dalit man was handcuffed to the handrail of the Police Station merely for asking for the receipt of a complaint he had preferred before the Station.Upon being appraised that a case had been registered against the responsible Justice...
The Kerala High Court on Friday directed the Inspector General of Police to inform the progress of the investigation in the incident where a Dalit man was handcuffed to the handrail of the Police Station merely for asking for the receipt of a complaint he had preferred before the Station.
Upon being appraised that a case had been registered against the responsible Justice Devan Ramachandran was relieved that there was progress in the matter:
"Finally, after the intervention of this Court, there is some progress."
The Court also recorded its appreciation for the respondent authorities for taking prompt action in the matter:
"...this Court certainly appreciates registration of the cases against the Police Officer, against whom allegations have been made – without meaning that I have spoken on its veracity in any manner – and I am certain that this will bring some amount of succour to the petitioner."
When the matter came up for hearing today, Additional Public Prosecutor P. Narayanan placed on record a report of the Inspector General of Police, South Zone.
The report revealed that one of the crimes registered against the petitioner had been referred, finding it to be without basis; while another one registered under Section 117(e) of Kerala Police Act, on the allegation that the petitioner obstructed the duty of the Police Officer, was still being investigated.
The Court then directed the Inspector General of Police to inform the progress of the investigation of the same without any further delay.
Also Read: 'Indicates A Collapse Of Policing System': Kerala High Court Expresses Shock Over Handcuffing Of Man To Station Handrails
Advocate Suman Chakravarthy then informed the Court that his client, the responsible police officer against whom the investigation was pending, was finding it difficult to defend the proceedings against him on account of the pendency of this writ petition.
Therefore, before concluding, the Bench made it clear that the pendency of this petition will have to be no bearing on the proceedings - either disciplinary or criminal - initiated against the said officer and that he will have full liberty and rights to defend it in any manner that he may be entitled to in law.
As such, the Court adjourned the matter to be called on 21st December by which time the progress of the investigation will also be made available.
In the previous hearing of the matter, the Court had given the State government a severe dressing down over its inaction in the case.
Note: In Sunil Batra Etc. v. Delhi Administration and Ors. Etc.,  1 SCR 392, the Supreme Court had deprecated indiscriminate resort to handcuffs.
Case Title: Rajeev K v. State of Kerala & Ors.
Click Here To Read/Download The Interim Order