The Kerala High Court on Wednesday overturned a lower court’s directive to register a First Information Report (FIR) against several police officers from Malappuram district, accused in a sexual assault complaint by a local housewife. The division bench, comprising Chief Justice Nitin Jamdar and Justice S Manu, responded to an appeal by accused officer Vinod Valiyatoor, challenging the influence of a prior judicial order on the magisterial decision.
The controversy began when the housewife and a close friend alleged that local police had neglected to file an FIR following their repeated complaints of rape. Their efforts to seek justice led them to the magisterial court, which initially requested a police report under section 175(4) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Dissatisfied with the response, the women escalated the matter to the High Court, demanding that an FIR be registered and the police officers investigated.
On October 18, a single judge from the High Court had prompted the magisterial court to act, leading to the October 24 order that mandated an FIR against the officers involved. However, the High Court’s latest ruling pointed out that this order was unduly influenced by the earlier judicial directive, compromising its independence.
The High Court highlighted procedural lapses and judicial overreach in the handling of the initial directives, which led to the magisterial court’s influenced decision. Acknowledging the gravity of the allegations, the High Court nonetheless emphasized the need for procedural correctness devoid of external pressure.
The ruling has directed the magisterial court to revisit the case, ensuring that its proceedings are conducted afresh, based strictly on legal merits and without the previous judicial influence.
