Kochi: The Kerala High Court has stayed for six weeks the operation of a communication issued by Chief Secretary Nalini Netto directing to stop the investigation into a criminal case against Additional Inspector- General of Police V. Gopalakrishnan. The court issued the order on a petition filed by Dr Mathew Abraham, professor in the department of Neurosurgery in Sree Chithra Thirunal Institute of Medical Science and Technology, challenging the communication.
The police had registered a case against Gopalakrishnan for allegedly torturing the professor in custody. The trial has already begun in the case. The doctor argued that crucial evidence -medical records revealing the nature and extent of injuries suffered by the doctor—had disappeared from the records. Pursuant to this, the doctor filed a complaint. However, Gopalakrishnan managed to get a case against the petitioner and all other doctors. The doctor also alleged inaction on the part of the police in not registering the case. When the case was pending before the court, another criminal case was registered against the police officer alleging theft of medical records.
Later, Ms Nalini Netto had sent a communication in her capacity as additional chief secretary, home, stating that the investigation in the theft case should be ended. The incident giving rise to both the cases is one and the rule laid down by the Supreme Court in the A.K. Jha case bars registration of a second FIR in same incident, the communication stated and the police stopped the investigation. The petitioner also sought a directive to entrust the probe to the CBI as the accused in the case is a senior IPS officer. The court further sought the view of the CBI and issued a notice to it.
