A Division Bench of the Kerala High Court has observed that the police are deemed to be guardians to protect the life and property of citizens and when the guardians turn perpetrators, society will perish and anarchy will prevail.
The Bench was dismissing an appeal filed by T. Ajith Kumar, DySP, Crime Branch, seeking to suspend his conviction by the CBI Special Court, Thiruvananthapuram, in the Udayakumar custodial death case. He was sub-inspector of Fort police station at the time of the incident.
The petitioner was sentenced to three-year jail term after he was found guilty of the offence under Sections 167 (Public servant framing an incorrect document with intent to cause injury) and 201 (Causing disappearance of evidence of offence, or giving false information to screen offender) of Indian Penal Code.
The court observed that custodial torture was against all the fundamental rights of a citizen and such instances had to be viewed very seriously. While considering the applications of the accused, the court should also keep in mind the plight of the legal heirs of the victim and the impression society would have, in the event of suspending the conviction.
The court said that as a sub-inspector of a police station, it was his duty to ensure that the records were properly kept. May be, he would not have involved in the manipulation of documents, but at least he should have the knowledge about it and brought it to the notice of the competent authorities. Being a silent spectator for such acts itself have very serious consequences and repercussion to the rule of law and rights of citizens.
