The Kerala High Court on Monday directed the Jail Superintendent to submit medical and hospitalisation records of former Director General of Police (DGP) Tomin J Thachankary after questioning his request to travel abroad for work despite having cited health problems during his imprisonment in a disproportionate assets case.
Justice A Badharudeen sought a report detailing the illnesses Thachankary suffered while in prison and the number of days he spent in hospital. The direction came during the hearing of an application seeking modification of his bail conditions to permit overseas travel.
The Court noted an apparent contradiction between Thachankary’s earlier claims of ill health while in custody and his present request to undertake work abroad after securing bail.
During the hearing, Justice Badharudeen orally remarked in Malayalam that accepting such inconsistent submissions could lead the public to question the intelligence of judges.
The Court questioned how a person who had complained of illness while imprisoned could subsequently seek permission to travel internationally for employment.
The matter will be heard again on November 6.
Four-Year Prison Sentence Suspended in October
The High Court had suspended Thachankary’s four-year prison sentence on October 15 in connection with his conviction in the disproportionate assets case.
A vigilance court had earlier sentenced the former DGP to four years of rigorous imprisonment and imposed a fine of Rs 30.84 lakh.
Following his release on bail, Thachankary approached the High Court seeking relaxation of the conditions restricting his ability to travel abroad.
Conviction Challenged Over Alleged Evidence Discrepancies
Thachankary has also challenged the vigilance court’s judgement, questioning the manner in which the prosecution evidence was assessed.
In his appeal, he has contended that the investigating agency failed to produce before the trial court any of the documents it had collected during the investigation.
He has further argued that the conviction cannot be legally sustained because the trial court allegedly misappreciated the evidence and relied on incorrect calculations prepared by the investigating officers.
The High Court will consider the application concerning overseas travel at the next hearing on November 6.
