The Kerala High Court has absolved M. Smitha, former Judicial First Class Magistrate of Paravur, of the charge made in a complaint filed by the police for reportedly refusing to remand S.R. Sreejith, who had died in police custody.
An inquiry by the Registrar (Vigilance) of the High Court found the allegation baseless.
It was A.V. George, the Superintendent of Police (Ernakulam Rural), who approached the Chief Judicial Magistrate, Ernakulam, with the complaint. The inquiry revealed that there was no lapse on the part of the magistrate.
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Even if the magistrate had reportedly showed any reluctance, as alleged by the police, the accused could have been produced before any other magistrate or even the Chief Judicial Magistrate. However, the police did not approach any other magistrate, judicial sources said.
Moreover, the complaint was filed after the accused died in police custody, probably as an afterthought, the sources said.