Judicial probe is the only way out

Chennai: Judicial probe alone will unravel the Nirmala Devi affair. Parellel enquiries, one by retired IAS official R. Santhanam announced by the Governor and another by the Crime Branch CID ordered by the state government, will only lead to too many cooks spoiling the broth.

Besides, Santhanam sans the teeth needed to ferret out the sordid details from unwilling, obstinate and suspect sources, might not produce much; while the CB-CID work could fail on the public trust meter with some sections raising doubts if the cops did justice to the probe involving influential bosses. A judicial commission, assisted by investigative mechanisms and empowered by administrative sanctions, can certainly deliver.

Nirmala Devi, an assistant professor of Devanga Arts College in Aruppukkottai has been arrested on the basis of a telephone conversation she has had with four girls of the college and charged with soliciting them to trade sex with Madras Kamaraj University officials for marks and money.

She has been primarily charged under Sec 370 of the IPC, dealing with human trafficking. If convicted, she can be given not less than seven years imprisonment. If it involves trafficking of more than one person, the imprisonment may extend up to ten years. If any of the four girls happens to be minor, then the professor may get enhanced punishment.  

As she has only attempted to recruit these girls, the police have added Sec 511 of the IPC. Which means she can be awarded only one half of the punishment the offence, if committed, would entail. In other words, she can even if convicted can come out after spending three and a half years in jail.

One piece of evidence is an audio clip of her mobile conversation with the four girls. She has not denied it though has said she has been misunderstood and also claimed that there has been some interpolation. No doubt, the police will question several persons connected with the issue. They have already seized Nirmala Devi’s mobile phones and have accessed her call records which will throw light on her network. They have also seized four hard disks from her personal computers. Of course, the police will also examine money transferred to her bank accounts and money paid out from her accounts.  The deposition of the four students who resisted her allurements will be vital to secure her conviction.

The preliminary enquiry conducted by the MKU was mainly to clear its name.
The Governor, in his capacity as Chancellor has got the MKU to wind up its probe and asked retired IAS officer R Santhanam to look into it. This could at best be an informal fact-finding committee. The Governor, in doing so, has acted in haste, more so as the State government has already entrusted the case to the Crime Branch CID police. If the Governor is really concerned about the sordid episode and pained by reference to him, he should ask the Tamil Nadu Government to order a judicial enquiry.

Also, to demand his recall on the basis of Nirmala’s unverified claim of access to him is nothing but dirty politics. It is appalling to note that the claim of an accused is being given such credence just because it suits one’s agenda, which seems to be to crucify the Governor for whatever reason — mostly because he is the appointee of the saffron-hued Centre and Dravidian protesters hate that colour.

(The author is a well-known lawyer with 40 years experience. He practises at the Madras high court.)