The Kerala High Court on Wednesday slammed the police for not registering an FIR in the suspicious death of former head of Sree Narayana Dharma Sanghom Trust Swami Saswatikananda. Justice B. Kemal Pasha made the oral observation when a petition filed by the All Kerala Anti-Corruption and Human Right Protection Council, Palakkad, seeking a further investigation into the death of the seer came up for hearing.
The court observed that there was suspicion over the death of the seer, especially since he had drowned in spite of knowing swimming. When the court asked Director General of Prosecution (DGP) T. Asaf Ali as to why no FIR was registered, he replied that there was no evidence to establish that an offence had been committed. Besides, it could not be said that an offence had been committed merely because there was some suspicion over the death, he argued.
The court then asked how a further investigation could be conducted in the absence of an FIR. The DGP submitted that if the court issued a directive, an FIR could be filed.
Court expresses dissatisfaction
The court also expressed its dissatisfaction over filing the closure report before the Fort Kochi sub-divisional magistrate. The court opined that instead, such a report should have been filed before the judicial magistrate court concerned. The DGP submitted that what was filed before the sub-divisional magistrate was a factual report.
The DGP submitted that repeated investigations had concluded that the death of the seer was a case of death due to accidental drowning.
