Judge K Narayana Kurup exceeds brief: Police, Lawyers

KOCHI: The police on Friday said it would approach the High Court against the Police Complaint Authority (PCA) insisting that the PCA  has no powers to summon the officers during the investigation into the Perumbavur rape and murder case.  The legal and former bureaucratic circles have thrown  their weight behind the cops.

“I’m not denying the authority has powers to summon officers once the probe is over. Currently, the investigation is at a critical stage and revealing the  matters pertaining to the investigation  will adversely affect the case. Also we’re asked to appear before the authority not as witnesses but as accused.        

We’ve not committed any misconduct towards any accused and any arrest is yet to be made,” Inspector-General Mahipal Yadav told this newspaper. PCA chairman Justice K. Narayana Kurup earlier in the day issued an order overruling the objection filed by Mr Yadav contending that the authority has no jurisdiction to entertain a petition and issue summons to the investigation officers for “inexcusable lapses” while conducting the probe into the case.

It also directed Mr Yadav and four other police officers to appear before it on June 2 or face criminal proceedings under section 166 of the Indian Penal Code Act (Public servant disobeying law). “This cannot be allowed and I’ll be approaching the High Court against this. I’ve already sought legal assistance,” the officer said.

Meanwhile, legal circles raised the issue whether the authority has the powers to call officers midway through the investigation. “In my view, the action of the authority can be termed as premature and done in haste. It has full authority to look into the lapses of the investigation, especially the evidence collection in the initial stage, once the probe is over,” said noted lawyer Kaleeswaram Raj.

Former bureaucrat Jiji Thompson also opined that “interfering with police probe” is not  the authority’s mandate and that it should take up the complaints of misconduct from the public or police.

In his order, Justice Kurup said:  “It appears the officer is labouring under an obsession/ delusion about the role of the court and this authority. Whereas, courts are concerned with the guilt or otherwise of the accused, this authority is concerned only about the ‘misconduct’ of the police officers. Conducting an investigation into a serious crime in a slipshod, careless and cavalier way is definitely a grave misconduct attracting the jurisdiction of this authority under sec. 110 (I) & (II) of the Act and such an investigation will not in any way prejudice the criminal investigation in the murder case.”