Thrissur: In a major twist to the Chandra Bose murder case, businessman Nisham’s estranged wife Amal is likely to turn approver. According to her family members, she will surrender before the city police commissioner on Saturday.
Nisham had married Amal about a decade ago following a love affair, but she was not leading a happy family life. A few years ago, Amal had filed a complaint with the police against her husband for domestic violence. However, Nisham settled it outside the police station and she was forced to live with him.
On January 29, she went to her home in Kalathode near here along with her only son. Her family hid her somewhere in Kochi. According to her family members, the police had asked her to surrender through a mediator a few days ago. Her family planned to make her an approver, but the final word will be hers in the case, a kin told DC on Friday.
Assistant Commissioner of Police, Guruvayur, Mr Jayachandran Pillai said that Nisham did not have a gun licence. Mr. Pillai maintained that Nisham would face fresh charges for unlawful possession of the weapon under the Arms Act. Earlier, Nisham had struck a businessman with a gun over a dispute. When he complained to the Viyyur police, Nisham said that it was a toy gun.
That case also was settled out of police station. Thrissur ADGP Shanker Reddy has launched a probe against former Thrissur city police commissioner Jacob Job for spending 90 minutes with Nisham while he was in police custody.
It has come to light that there is no bar on framing the Kerala Anti-Social Activities (Prevention) Act, 2007 (KAAPA) charges against an accused even if cases registered against him are settled out of court.
The High Court, in an order passed last year, had said that when a prosecution got terminated by settlement, that did not immediately discharge a person from the conclusions arrived at by the investigating officers leading to that prosecution. The finding by the competent police officer on inquiry or on investigation would still be a material available in the domain of police and the executive.
The order was passed by a division bench comprising Justice Thottahil B. Radhakrishnan and Justice Babu Mathew P. Joseph on September 20, 2014, and this will come handy for the cops to frame notorious businessman Nisham Muhammed, accused of killing a security guard.
“Even if a criminal trial did not go through further due to termination of prosecution before the conclusion of the trial and verdict, the detaining authority could consider such materials to formulate an opinion in relation to preventive laws,” the court observed.
The court passed the order while dismissing a petition filed by Vijayamma of Kollam who challenged the order on preventive detention of her son Aneesh alias Podivava under the KAAPA.
Nisham had allegedly tried to settle cases registered against him and the cops were allegedly trying to save him. With the latest High Court order, the police can now request the District Collector to frame KAAPA charges against Nisham.
state asked to file report
Kerala High Court on Friday asked the State to file an action taken report in the Endosulfan case. State submits that it has extended financial benefits to all the victims.
A division bench comprising Acting Chief Justice Ashok Bhushan and Justice A. M. Shaffique issued the directive while considering a plea filed by B. C. Kumaran who sought a directive to pay compensation to the entire 5,500 victims who had already been identified.
When the case came up for hearing State submitted that the government have taken all steps for the welfare of Endosulfan victims. The State also submitted that it has filed an affidavit explaining the steps taken and the proposed steps also. Considering the statement the court asked State to file the action taken report after filing that affidavit.
petition for fir in pattoor land dismissed
Kerala High Court on Friday dismissed a petition seeking Vigilance and Anti Corruption Bureau to register First Information Report (FIR) based on the investigation report by vigilance ADGP Jacob Thomas in Pattoor land grab case.
A Division Bench comprising Acting Chief Justice Ashok Bhushan and Justice AM Shaffique passed the order on a petition filed by litigant Joy Kaitharam. Holding that the case is not fit to be entertained as a Public Interest Litigation whose complaint on the same allegation, is pending before the Kerala Lok Ayukta.
