Kerala HC Orders Crime Branch Investigation Into Theft At Residence Of Former Bar Association President Who Had Led Protest Against Police Amid Allegations Of Police Inaction

This decision came after the said lawyer expressed concerns about police inaction regarding the investigation into the theft which allegedly took place in April 2023, as he had led a protest by Lawyers against Police.

A Bench of Justice Bechu Kurian Thomas noted, “The petitioner is a member of the legal profession and has reportedly been at the forefront of protests related to disputes between advocates and police. He fears that a proper investigation will not be conducted by the fourth respondent.”

The Court noted that although the Assistant Commissioner of Police had formed a Special Investigation Team in response to the petitioner’s complaint, the same fourth respondent had been assigned to lead the investigation. Despite nearly five months passing since the incident, no significant progress has been made, especially given the substantial amount of gold—approximately 27 sovereigns—that was allegedly stolen.

Senior Advocate George Poonthottam appeared for the Petitioner and Public Prosecutor Sreeja V appeared for the respondents.

The petitioner raised concerns that the police had not acted effectively, suggesting that the investigation's stagnation might be linked to connections between the theft and individuals affiliated with the ruling party. He claimed that the police had not taken meaningful steps to gather evidence or pursue the case. Furthermore, the petitioner pointed out that he had been involved in a protest organized by the Bar Association, during which a police official was allegedly assaulted. He argued that this incident had fostered animosity among police officers towards him, which may have hindered the investigation.

The police, in their statement, acknowledged the formation of a special investigation team but admitted that they had not achieved any breakthroughs. They asserted that their efforts were conducted without external pressure.

The Court highlighted the lack of progress over the months, emphasizing that delays could compromise the integrity of the investigation. Consequently, the Court ordered that the case be transferred to the District Crime Branch of Kollam, with oversight from the Kollam Assistant Commissioner of Police.

Considering the serious allegations surrounding the current investigation and the absence of any significant leads, the Court concluded, “I am of the view that the investigation ought to be transferred to the Crime Branch in the interest of justice.”

Cause Title: Dheeraj Ravi v. State Police Chief & Ors., [2024:KER:74648]

Appearance:

Petitioner: Senior Advocate George Poonthottam along with Advocates Nisha George, A.L. Navaneeth Krishnan and Namita Philson

Respondents: Public Prosecutor Sreeja V