'Police Should Be Made An Accountable Force': Kerala High Court Orders VACB Probe Into Bribery Allegations Against Officer

The Kerala High Court on Wednesday impleaded and directed the Vigilance and Anti-Corruption Bureau (VACB) to conduct a preliminary enquiry into the case where an Assistant Sub Inspector of Police (ASI) is accused of demanding bribe for the release of two girls from a children's home to their parents.

The case was registered suo motu on the basis of a news report.

While ordering so, Justice Devan Ramachandran explained why a VACB probe was necessary in the matter and how it could serve as a lesson for other officers in the force.

"...the resolve of this Court is to make the Police an honest, civilized, modern and accountable Force. It is only if the indiscretions of a few individuals in the force are taken note of and stringent action completed, will it serve as an example to others, leading to the force being a truly worthy one."

During the last hearing of the matter, the Court had appointed two amici curiae in the case. 

When the matter was taken up again, amicus curiae Advocate S.Rajeev suggested that the Director of VACB be made an additional respondent because, prima facie, Section 7 of the Prevention of Corruption Act was attracted. 

He added that since the Commissioner of Police has acknowledged that there is a statement of the survivor's mother about the demand of Rs.5,00,000/- by the ASI, it was necessary for an enquiry be conducted by VACB.

Additional Public Prosecutor P.Narayanan did not resist these contentions. He only added that if the Court is so inclined, the VACB can conduct a preliminary enquiry and after such an enquiry, appropriate orders may be issued, as found necessary.

Advocate T. Sanjay appearing for the family agreed that if a proper enquiry is conducted by the VACB, the truth will certainly come out, particularly the harrowing experience they had to go through.

He added that a small indiscretion on the part of one of the victims had virtually destroyed their family and that the scars of the same would remain with them for the rest of their lives.

He, therefore, requested that necessary and exemplary action be taken against the erring Police Officers since, otherwise, such incidents would continue to happen without being even noticed in future. 

At this juncture, the Court found appreciation for the counsel's submissions and added:

"As long as the Police Officers even obliquely obtain the impression that they will be supported in spite of their misdemeanours, the eventual requirements of a strong policing and honest law enforcement would remain a chimera."

Accordingly, the VACB Director was suo motu impleaded in the matter. 

The matter will be taken up again on February 11 within which time the VACB has been directed to conduct a preliminary enquiry into the allegations in the case and file a comprehensive report of the same in a sealed cover. 

The Court added that after such an enquiry, if the VACB is convinced that further action is required, it would not stop them from initiating such, notwithstanding the fact that this Court has not seen their report until February 11.

Background: 

A Delhi couple, who migrated to Kochi 11 years ago, alleged that the Kochi police demanded Rs. 5 lakh from them for the release of their daughters.

The two girls had gone missing reportedly after falling prey to cybercrime through which the eldest daughter's alleged online boyfriend convinced her to leave her home.

Consequently, the sisters had gone to Delhi without their parents' knowledge. Upon finding that their daughters were missing, a complaint was immediately lodged with the Kochi police.

The police upon preliminary enquiry found that the girls were in Delhi. The parents soon flew to Delhi and continued their search.

They were further asked to finance the air tickets and accommodation for a three-member investigation team from the Kerala Police.

The Police traced the girls to be with two men Faizen and Subair. Upon examination, it was revealed that the duo had raped the elder daughter.

Accordingly, Subair was arrested by the Kerala police, and the girls were taken into their custody. They failed to arrest the second accused; instead, they took in the three brothers of the victim.

Thereafter, the girls were housed at a Children's Home. When the parents requested for their daughters to be released, the ASI allegedly demanded Rs. 5 lakhs from them.

Also Read: 'A Sordid Saga Of Torment & Harassment': Kerala High Court Seeks Expeditious Action Over Bribery Allegations Against Police

Click Here To Read/Download The Order