The Kerala High Court on Friday, 25 July came down sharply on police over procedural failures in the arrest of the prime accused in the Nithin Raj suicide case, with Justice A. Badharudeen directly questioning whether the lapses were intentional. The case involves Nithin Raj, a Dalit dental student who allegedly died by suicide after facing caste-based harassment.

What the Court Said

Justice Badharudeen grilled Deputy Superintendent of Police (DySP) Sudheer Kallan over the shortcomings in the arrest of Dr M. Kodanda Ram, a professor at Kannur Dental College and the prime accused in the case. The court was unsparing in its observations, noting that investigations in sensitive cases must leave no room for procedural gaps that could ultimately benefit the accused.

'In such a sensitive case, there should be no loopholes in the investigation or arrest that would enable the accused to escape the clutches of law,' the court observed, pressing the officer on what supervisory role he had played.

Was It Deliberate?

The court went further, raising the pointed question of whether the lapses were wilful. 'Is this an attempt to tarnish the Home Department, which is doing many good things, including Operation Toofan? Do you want to take revenge on the government?' Justice Badharudeen asked. The DySP denied any such intent, responding, 'Nothing like that, Your Lordship.'

How the Arrest Lapse Occurred

Dr Kodanda Ram was initially arrested in connection with Nithin Raj's death. However, a trial court subsequently declared the arrest illegal, finding that police had failed to furnish the grounds of arrest to the accused at the time of detention — a requirement mandated by Supreme Court directions. The professor was rearrested only after the procedural defect was rectified.

During the hearing, the court questioned how such a fundamental lapse had occurred. 'How many arrests have you made as a DySP? You have given grounds of arrest in other cases. Why was it omitted in this case?' the judge asked. The court reminded the officer that his duty was to conduct a fair and impartial investigation, protecting neither side.

Background: The Nithin Raj Case

The case centres on Nithin Raj, a Dalit dental student who reportedly died by suicide after allegedly being subjected to caste-based harassment. His parents filed the petition before the Kerala High Court seeking clarity on the implementation of Supreme Court directions requiring that the grounds of arrest be communicated to an accused at the time of detention. The case has drawn attention to both the alleged harassment and the subsequent handling of the investigation.

What Happens Next

The Kerala High Court also reminded the Public Prosecutor that it had earlier called for disciplinary proceedings against the officers responsible for the lapses. The court indicated it would await the outcome of those proceedings before taking up the matter again after two weeks. The case is being closely watched as a test of accountability in caste-sensitive investigations.