The Kerala High Court has expressed its disappointment with the police for failing to follow protocol in the arrest of Dr. M.K. Ram, a former Head of Department and prime accused in the death of Nithin Raj, a first-year student of Kannur Dental College, Anjarakandy. Dr. Ram was charged with abetment to suicide and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
The court found that the grounds of arrest were not furnished to Dr. Ram when he was produced before the Special Judge. According to the guidelines issued by the Supreme Court, written grounds of arrest must be provided to the accused. The failure to comply with this requirement led to Dr. Ram’s release by the Special Court. This was confirmed by a report from the Additional Director General of Police, filed before the court on Friday.
The Single Bench of Justice A. Badharudeen called for the arrest details and expressed its indignation to the Superintendent of Police for his lapse in ensuring that all arrest procedures were strictly followed in the arrest of Dr. Ram. The court orally asked the DySP to explain why he had failed to comply with the requirements relating to the grounds of arrest, despite having made numerous arrests during his 22-year career as a police officer.
The court made these observations while considering a petition filed by the deceased student’s father, alleging that he was not granted a chance to be heard when Mr. Ram had sought anticipatory bail before the Supreme Court. Dr. Ram surrendered before the Crime Branch on Wednesday after the Special Court in Thalassery permitted his re-arrest. The Home Department had reconstituted the investigation team that probed the case after the High Court had observed that serious allegations were raised against the earlier investigating officer.
The investigation was handed over to Malappuram Crime Branch SP M.P. Mohanachandran, with DySP Jeevan George appointed as the new investigating officer. The court’s remarks highlight the need for the police to follow proper procedures in arrests to ensure that the rights of the accused are protected.
