The Kerala High Court has declined to interfere with a magistrate’s direction to register an FIR against three senior police officers in connection with allegations arising from the Ponnani rape case.
Justice Jobin Sebastian dismissed the challenge brought by Superintendent of Police Sujith Das, Deputy Superintendent of Police VV Benny and Circle Inspector Vinod Valiyattoor, finding no procedural irregularity in the magistrate’s decision.
The magistrate at Ponnani had directed the local Station House Officer to register a case and investigate a private complaint alleging rape and sexual assault by the officers.
During the hearing, the High Court questioned why the police had not acted on the magistrate’s order directing registration of the FIR.
The Court observed that even if the legality or maintainability of such an order was later challenged, that could not by itself justify refusing to comply with a direction to investigate.
Justice Sebastian also questioned whether a Station House Officer could decline to register a case simply because he was junior to the officers named in the complaint.
The three police officers had argued that the allegations were false, malicious and motivated by their official actions. They claimed the complaint was filed as retaliation for steps taken by them in the course of their duties.
They also contended that the magistrate had forwarded the complaint for investigation without properly considering safeguards available to public servants under Sections 175(3) and 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
According to the petition, the complainant had made several allegations since 2022 and departmental inquiries conducted by senior police officials had allegedly concluded that the claims were false or motivated.
The officers further relied on earlier proceedings before the Supreme Court, arguing that the prescribed procedure under Section 175 of the BNSS had to be followed before a complaint could be sent for investigation.
The High Court, however, found no grounds to set aside the magistrate’s order directing registration of the FIR.
The case will now proceed in accordance with the investigation ordered by the magistrate.
