On December 24, 2024, the Kerala High Court dismissed a petition filed by the mother of two minor girls who were allegedly raped and killed in Walayar in 2017. The petition contested the issuance of an Integrity Certificate to Superintendent of Police (SP) M.J. Sojan, a prerequisite for his elevation to the Indian Police Service (IPS) cadre. Justice C.S. Dias presided over the case, ultimately finding no grounds to interfere with the State Government's decision.
Background of the Walayar Case
In 2017, two sisters, aged 13 and 9, belonging to the Scheduled Caste community, were found hanging in their one-room house in Walayar, Kerala, within a span of three months. Post-mortem examinations revealed that both had been subjected to sexual assault prior to their deaths. The report concerning the younger sister even suggested the possibility of homicidal hanging, raising suspicions about the nature of their deaths.
Initial Investigation and Trial
The initial investigation, led by then Deputy Superintendent of Police M.J. Sojan, faced significant criticism for alleged lapses. In 2019, the Special Protection of Children from Sexual Offences (POCSO) Court acquitted all accused individuals, citing the prosecution's failure to substantiate the allegations and a notable lack of scientific evidence. This verdict sparked public outcry and led to allegations that the investigative shortcomings had resulted in the acquittals.
High Court's Intervention and CBI Investigation
Responding to appeals and widespread dissatisfaction, the Kerala High Court in 2021 acknowledged lapses in both investigation and prosecution, ordering a retrial to ensure justice for the victims. Subsequently, the investigation was transferred to the Central Bureau of Investigation (CBI) to facilitate an impartial and thorough inquiry.
Issuance of Integrity Certificate to SP Sojan
Amidst these developments, the State Government issued an Integrity Certificate to SP M.J. Sojan, a necessary credential for his promotion to the IPS cadre. The victims' mother challenged this issuance, alleging that the officer's purportedly flawed investigation should disqualify him from receiving such a certificate.
High Court's Ruling on the Petition
Justice C.S. Dias, after reviewing the petition and the State Government's decision-making process, concluded that there was no evidence of malice or arbitrariness in granting the Integrity Certificate to SP Sojan. The court noted that the Home Department had meticulously evaluated the circumstances before issuing the certificate and found no illegality warranting judicial interference under Article 226 of the Constitution of India.
Implications of the Judgment
This judgment underscores the judiciary's deference to administrative decisions made by the State, provided they are free from malafide intent or procedural irregularities. It also highlights the complexities involved in balancing allegations of investigative lapses with the procedural rights of law enforcement officers concerning career advancements.
Continuing Pursuit of Justice
While the court upheld the issuance of the Integrity Certificate to SP Sojan, the retrial ordered by the High Court and the ongoing CBI investigation continue independently. These proceedings aim to address the alleged investigative failures and seek justice for the victims of the Walayar case.
The Kerala High Court's dismissal of the petition challenging SP Sojan's Integrity Certificate reflects a judicial endorsement of the State's administrative discretion, emphasizing the necessity for concrete evidence when alleging malafide actions in such contexts. Concurrently, the ongoing retrial and CBI investigation represent the legal system's commitment to rectifying potential miscarriages of justice and ensuring accountability in cases of serious crimes against vulnerable individuals.
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