Dr Vandana Das Murder Case: Kerala High Court Reserves Order On Plea For CBI Probe

The young house surgeon was stabbed sixteen times by Sandeep, a school teacher, using dressing room scissors.

Justice Bechu Kurian Thomas heard the arguments and reserved order.

Senior Advocate Vijay Bhanu, appearing for the parents submitted that the police committed criminal negligence and violated provisions of the Kerala Police Act by leaving the unarmed victim alone with the accused. He also stated that the investigation was not conducted properly due to organizational pressure from the police. He stated that the investigation by police arraying Sandeep alone as accused was based on extraneous considerations. It was thus argued that the case should be handed over to an independent agency for a fair and impartial investigation.

Additional Director General of Prosecution, Grashious Kuriakose submitted that the police have completed the investigation meticulously within a span of ninety days. He stated that handing over the investigation to the CBI would delay the proceedings. It was stated that Sandeep was brought to the hospital as an injured person for medical treatment and not as an accused and thus there was no anticipation of any untoward incident. It was also submitted that the police personnel were also attacked and were trying to get reinforcements when Dr Vandana was being attacked. It was argued that there was no dereliction of duty but admitted there being an error of judgment of not anticipating further attack.

The ADGP also apprised the Court that a fact-finding inquiry was ordered by the State Police Chief by taking into account the grievances of Dr Vandana's parents in connection with the failure of police to protect their daughter. The Court was also informed that the Director of Health Services was also conducting an inquiry regarding the allegations of medical negligence in not providing timely medical aid to Dr Vandana.

Relying upon Apex Court decisions, the ADGP argued that mere allegations against the state police without any cogent reasons were insufficient for seeking a transfer of probe to the CBI. It was argued that an investigation could be handed over to the CBI only when there was prima facie evidence of bias. It was thus argued that the investigation could not be handed over to an outside agency as a matter of routine and that the Court has to exercise such powers cautiously.

Special Prosecutor for CBI, Senior Counsel Dr K.P Satheesan assisted by Advocates Bharath Mohan and Gokul D Sudakaran submitted that the CBI has no objections and that they would comply with any order passed by the Court.

Earlier, the Court had allowed Sandeep to be impleaded in the matter.

The plea has been moved through Senior Advocate P. Vijaya Bhanu, and Advocates Sruthy N. Bhat, Nikita J. Mendez, M. Revikrishnan, Ajeesh K. Sasi, Rahu

Case title: K. G. Mohandas v Central Bureau Of Investigation (CBI)

Case number: WP(Crl.) 641/ 2023