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Directive to get sexual abuse case investigated by SP

Staff Reporter

HIGH COURTROUND-UP

KOCHI: The Kerala High Court on Thursday directed the Director-General of Police (DGP) to get the case relating to outraging the modesty of the wife of a patient admitted in the Thiruvananthapuram Mental Health Centre investigated by a Superintendent of Police.

Justice K. Padmanabhan Nair issued the direction when the suo motu case initiated on the direction of the Supreme Court for supervising the affairs of the mental health centres came up before him. The incident, which took place on July 27, was brought to the notice of the Court by amicus curiae in the case.

The Court observed that prima facie the inquiry report filed by K.A. Nizar Ahammed who was holding the charge of Superintendent appeared to be false. According to the report, two of the staff forcibly took the wife of the in-patient Murugan to the back of Ward No.10 after gagging her mouth and outraged her modesty. The Court after examining the report pointed to the discrepancies in the report and said that the report appeared to be false.

The Court said that it was not inclined to accept the report.

The Court also pointed out that it would appear from the report that the police were not bothered to get the victim examined by a competent medical officer. Hence, the direction for getting the case investigated by an officer not below the rank of a Superintendent of Police.

The Court also directed that a competent doctor should examine the victim forthwith. The doctors at the mental health centre should not do the examination. The Judge also directed the Health Service Director to see that no staff offered any inducement or threatened the victim or the patient. The Court directed the Special Government Pleader Anil Thomas to file a report regarding the action taken by the police within 10 days.

Dispensed with

In another order, the Court dispensed with the appearance of the Finance Secretary and Health Secretary from appearing before the Court for not granting Rs. 15 lakhs as promised to the Rehabilitation Centre, Institute of Mental Health Service, Kozhikode. The Special Government Pleader submitted that the proposal would soon be placed before the Cabinet.

Dismissed

Justice K. M. Joseph on Thursday dismissed a batch of writ petition challenging the delimitation of wards in various panchayats in the State. The Court observed that it would have been better if the delimitation process had started much earlier. The Court said that it would not be permissible for the Court to issue order, which would have the effect of interfering with the election process already started.

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