Walayar siblings death | Kerala High Court directs CBI to take over investigation

The mother of the deceased Walayar children having her head tonsured demanding action against the police officers who investigated the death of her minor daughters, at Palakkad. File   | Photo Credit: MUSTAFAH KK

The Kerala High Court on Friday directed the Central Bureau of Investigation (CBI) to forthwith take over the investigation into the death of two minor girls at Walayar in Palakkad district.

Justice V.G.Arun while issuing the directive observed that there need not be any further delay in entrusting the investigation with the CBI as any delay would be detrimental to the investigation of the case.

The court also directed the crime branch to hand over all the files and records relating to the case to the Superintendent of Police, CBI, Thiruvananthapuram unit and also directed the State government to provide all the logistical support to the CBI for conducting a thorough and detailed probe into the cases.

When the petition filed by the mother of the two girls who died by suicide, seeking a court-monitored investigation and a CBI probe into the deaths came up for hearing, Senior Public Prosecutor Suman Chakravarthy submitted that the documents relating to the cases were handed over to the CBI.

Additional Solicitor General P. Vijayakumar submitted that the Centre had sought feasibility report from the CBI, on basis of which an appropriate decision would be taken in this regard.

Last time the case was taken up, the Additional Solicitor General had submitted that the government had forwarded only the notification giving its consent for probing the case. It had not furnished other details of the cases including the copy of the FIR, the outcome of the police investigation, reasons for referring the case to CBI. The Central government's guidelines stipulated the State government had to provide such details to enable it to take a decision on the government request. The Senior Public Prosecutor then undertook to furnish all the details of the case to the CBI.

The mother of the girls pointed out that there was a delay in taking over the investigation by the CBI. However, when the petition came up for hearing, the government submitted that the investigation into both the deaths would be enstrusted with the CBI.

The two girls, aged 13 and nine, were found dead inside their one-room home 52 days apart in Walayar. The 13-year-old girl was found hanging on January 13, 2017, while her sister, a nine-year-old died by suicide on March 4 in the same house. The crime branch had conducted an investigation into the cases and arrested four persons.The two accused in the case, Valya Madhu and Kutti Madhu are girls’ mother’s close relatives while another accused Shibu, is a former co-worker of her parents. Pradeep Kumar, yet another accused lived near their house. Later, the Special Court for POCSO cases had acquitted all the accused arrested in the cases on the ground that the prosecution failed miserably to prove the case against them.

However, the High Court set aside the acquittal and sent back the case for a fresh trial. The High Court had also made it clear that the prosecution could also move a petition for conducting a further investigation before the special court if needed. The prosecution had later filed a petition seeking to conduct a further probe into the case before the Special Court. In the meantime, the government had taken a decision to entrust the investigation with the CBI following a public outcry, over the failure of the prosecution.

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Printable version | Jun 14, 2021 9:24:26 AM |

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