'Don't Fight A Proxy Battle' : Supreme Court Dismisses NGO's Plea To Expunge Remarks Against DySP In Walayar Case

The Supreme Court on Monday refused to entertain a petition filed by an NGO named "Justice for Walayar Kids Forum" seeking to expunge certain adverse remarks made by the Kerala High Court against the Deputy Superintend of Police who was the Investigating Officer in the Walayar case relating to rape and killing of two minor girls in Kerala.

A bench comprising Justices Sanjiv Khanna and Bela Trivedi observed that the NGO cannot fight a "proxy battle" and added that the DySP can come forward he is personally aggrieved.

The petitioner's counsel submitted that expunction of the remarks made by the Kerala High Court in paragraph 103 of its judgment reversing the acquittal of the accused in the Walayar case was being sought. The High Court had remarked that the DySP had failed to gather proper scientific evidence in the case.

"Please do not fight a proxy battle. Let the Deputy Commissioner come if he has any grievance", Justice Khanna observed.

As the bench was about to pass an order of dismissal, the counsel sought permission to withdraw the petition. Accordingly, the petition was dismissed as withdrawn.

The case relates to the death of two sisters, aged 13 and 9 years, within a span of two months in early 2017 in Walayar, Kerala. The investigation revealed that both the girls, who belonged to Scheduled Caste community, were subjected to rape. They dead bodies were found hanging in their house, the elder sister in January 2017 and younger sister in March 2017.

According to the local police, the girls died by suicide due to repeated sexual assault and filed chargesheet against four accused for abetment to suicide and POCSO offences. The trial court acquitted all the accused observing that the prosecution "miserably failed" to prove the offences against the accused. It was held that there was no "direct evidence of sexual abuse". The trial court also held that there was no evidence to conclude that the deaths were homicidal(Detailed reports about the trial court judgment may be read here, here and here).  The acquittals sparked widespread outrage and public condemnation.

In January this year, a division bench of the Kerala High Court reversed the acquittal and ordered re-trial in the matter. The Court also held that the prosecution will be at liberty to seek further investigation in the case. Later, a single bench of the High Court asked the CBI to take over the investigation of the case, allowing a petition filed by the victims' mother.

Case : Justice for Walayar Kids Forum v State of Kerala | Diary No.7370-2021

Click Here To Read/ Download Order