Kerala HC Dismisses Appeal Against Integrity Certificate Granted To SP Who Probed Walayar Rape-Death Case, Says Selection Committee Can Evaluate

Referring to Rule 5 of Indian Police Service (Appointment by Promotion) Regulations, 1995, the Court said,

“As per the scheme of the Regulations of 1995 in the Government of India's Decision, even if the integrity certificate is issued, the Selection Committee is not precluded from the examining the aspect of integrity…Thus, the aspect of promotion by the Selection Committee and the aspect of integrity can be considered by the Committee independently. This is yet another reason not to interfere with the order passed by the learned Single Judge.”

Background

In the Walayar case, two sisters, aged 13 and 9 years, belonging to the Scheduled Case community, were found hanging in their one-room house on separate days within a span of 3 months in 2017. Post-mortem reports disclosed that they were subjected to rape before their deaths. The post-mortem report of the younger girl even suggested the possibility of homicidal hanging.The Special POCSO Court acquitted all the accused in 2019. The Court held that the prosecution failed to prove the allegation. The Court also noticed the absence of scientific evidence.

The details of the judgment by the Special POCSO Court, Palakkad can be read here, here and here.

The victim's mother had alleged that the shabby investigation led by M. J. Sojan who was a Deputy Superintendent of Police at that time led to the acquittal. In 2021 the High Court, after noting that there were lapses on the part of the investigators and prosecutors, had ordered a re-trial.

Later, the investigation of the case was handed over to Central Bureau of Investigation (CBI).

Meanwhile the State Government had issued Integrity Certificate in favour of the officer after the High Court passed an order in August 2023 directing the State Government to consider the issuance of Integrity Certificate and look into all necessary circumstances including the norms in this regard. The division bench of the high court had then held that as per the rules, the certificate cannot be withheld merely because criminal proceedings were pending against the officer.

During this time, the girls' mother had filed a petition before the High Court against granting of Integrity Certificate. The High Court had directed the State to consider her objections. 

The State (Home department), in its August 18 order, after considering the representation concluded that the petitioner had not produced any substantial evidence warranting to revoke the Certificate. Against this order, the petitioner moved the high court and the petition was dismissed. Against that order, the present appeal is filed.

The Single Judge had noted that there was no criminal proceedings pending against the officer. The Single Judge also noted that the Sojan was not the investigating officer in the rape case and no strictures was passed against him.

Counsel for the Petitioners: Advocates P. V. Jeevesh, C. K. Radhakrishnan (Chalil). C. R. Neelakandan Namboodiri

Counsel for the Respondents: Advocates Krishna T. C., George Poonthottam (Sr.), V. Tekchand (Sr. GP)

Case No: WA 83 of 2025

Case Title: XX v Union of India and Others

Citation: 2025 LiveLaw (Ker) 45