Police action cannot be taken lightly; wouldn't making a retired judge an accused undermine credibility of justice system?: HC

KOCHI: The High Court has questioned whether the police registered a case against retired judge Justice CN Ramachandran Nair in the half-price fraud case based on proper investigation. The court also asked wouldn't filing such a case against a person who held a constitutional post lead to people losing faith in the judicial system. The division bench, comprising Justice A Mohammed Mushtaq and Justice P Krishnakumar, said that the police action cannot be taken lightly. The court was considering the public interest litigation filed by advocate Saijo Hassan against the Perinthalmanna police for making former High Court Acting Chief Justice CN Ramachandran Nair an accused.

Director General of Prosecutions TA Shaji informed that the government is aware of the next course of action. He also argued that there is no need to file a petition for this. The petition has been adjourned to 25 to know the government's stand.

The police have registered a case against the judge as the third accused on the complaint filed by Malappuram native Danimon. It is alleged that CN Ramachandran Nair had worked as an advisor to the NGO Confederation involved in the fraud. Ramachandran Nair's explanation is that he had already been relieved of his duties.

Who will protect those who hold constitutional positions?

The court said that the police action without proper investigation is disturbing. "This is an action that is detrimental to the justice system. There is a lot of discussion in the media and social media. This does not affect the individual, but the justice system. How can it be resolved?" the high court asked.

"Doctors are protected from being included in criminal cases on the grounds of medical malpractice etc. However, there is no such guideline in the case of those who held constitutional positions," the court said.