ADM assault case: HC orders action against SI for not arresting Bijimol MLA

KOCHI: The Kerala High Court on Monday asked state police chief to take action against the investigating officer in case involving CPI's Peermade MLA ES Bijimol for not arresting her even though she appeared before police.
Justice B Kemal Pasha issued the directive while considering a petition filed by Moncy P Alexander, the additional district magistrate (ADM) who sustained grievous injuries in the assault allegedly led by the MLA in July last year.The high court had ordered a crime branch enquiry in the case on September 7th last year.
The court declined to accept an affidavit filed by crime branch stating that there is no need to arrest the MLA at present. There is no fear that the MLA would go into hiding if not arrested or that she would influence witnesses or destroy evidence in the case. In such circumstances, an arrest is not required at present, crime branch had claimed.
Disagreeing with crime branch's reasoning, the court pointed out that the offence alleged against the MLA is one warranting imprisonment up to 10 years and fine if proved and is to be tried before a sessions court. Action should be taken against the investigating officer as the MLA was summoned for questioning and was allowed to leave without being arrested even though an arrest is warranted, the court said.
The assault took place while the ADM was allegedly trying to implement a high court order to reinstate a gate blocking a pathway through a private estate, Travancore Rubber and Tea Company Ltd, near Peruvanthanam in Idukki that was cleared by the locals. State Human Rights Commission had ordered against the estate operator, who had blocked the pathway. When this order was not implemented, locals had removed the gate put up by the estate operator. Based on a petition filed by the estate operator, the high court had allegedly stayed SHRC's order. The ADM had claimed that he was trying to implement this order of the high court.
In a petition filed to the high court, the ADM has demanded an effective probe and has sought to hand over the investigation to crime branch. The probe being conducted by local police now is a farce, the ADM had alleged.