The State has reported that an oral inquiry has been initiated against Sudheer Kallen, Deputy Superintendent of Police (Crime Branch), who allegedly committed procedural lapses in the arrest and investigation of M.K. Ram, the prime accused in the death of dental student Nithin Raj.
It was reported that Minhaj Alam, Additional Chief Secretary, Home department, had directed the State Police Chief to constitute a panel to probe the alleged omissions by Mr. Kallen.
Justice A. Badharudeen sought the reason for launching an oral inquiry instead of suspending the officer. The State responded that it did not want to risk a challenge to the manner in which disciplinary action was taken against Mr. Kallen.
It was noted that Mr. Kallen had prepared the notices required to arrest Mr. Ram, a native of Andhra Pradesh, in Malayalam rather than in his native language. He had failed to ensure that the contents were explained to or understood by the accused in a language known to him. The arrest memo was also found to contain an incorrect date, indicating a lack of due diligence in the preparation of arrest-related records, according to the report.
It was also found that Mr. Kallen had failed to properly brief the public prosecutor about the facts of the case, the materials collected during the investigation and the necessity for custodial interrogation, which led to the failure in the prosecution’s case before the Sessions Court. The report further stated that Mr. Kallen had not filed an application seeking police custody of the accused, losing the opportunity to secure custodial interrogation, considered essential for the effective progress of the investigation.
