High Court Issues Notice To Kerala Govt Over Withdrawal Of Suspension Of Excise Officers Accused In Custodial Death Case

The Kerala High Court on Friday issued notice to the State on a petition challenging the Government Order directing to withdraw the suspension of certain officers in the Excise Department who were accused in a custodial death case.

Justice PV Kunhikrishnan issued notice in a plea moved by wife of the deceased, Renjith Kumar; he died in Excise custody two years ago.

In her plea, the petitioner has challenged the withdrawal of the case registered against the concerned officers, before the completion of the trial, with disciplinary proceedings pending against them.

The State had issued the order in favour of seven Excise officers who are accused in the said case.

Appearing for the petitioner Advocate Jyothilakshmy KK submitted that these seven officials of the Excise Enforcement and Anti Narcotics Squad were charge-sheeted by the CBI.

The Excise officials had taken the deceased Renjith Kumar into illegal custody on October 1, 2019, from Guruvayur for allegedly being in possession of two kilograms of ganja.

He was taken to a godown of a toddy shop in Thrissur district and thereafter brutally assaulted, it is alleged. Kumar succumbed to his injuries that evening, according to the charge sheet.

The petitioner submitted that the accused, who are excise officials, were facing prosecution before the Chief Judicial Magistrate Court in Ernakulam. Hence, withdrawal of suspension from the service and their reinstatement in the same department were argued to be illegal.

She further submitted that such withdrawal will adversely affect the case of the prosecution and would lead to a denial of justice by tampering with the evidence or influencing the witnesses by the accused persons.

The State has been served with a notice in the matter. 

Case Title: Nessi P v. State of Kerala