The Kerala High Court questioned the State government over its failure to take immediate action against Deputy Superintendent of Police (DSP) Sudheer Kallan after an enquiry found serious procedural lapses in the arrest of Dr M. Kodanda Ram, an accused in the death case of dental student Nithin Raj.
Justice A. Badharudeen sought to know why the officer had not been suspended despite findings pointing to a careless and negligent approach during the investigation. The Court was considering a plea moved by Nithin Raj’s parents seeking clarity and a fair investigation into the circumstances surrounding the arrest.
Background of the Case
Nithin Raj, a first-year BDS student at Anjarakkandy Dental College, died on April 10, 2026. The prosecution case alleges that he had faced harassment at the college. A case was registered under Section 108 of the Bharatiya Nyaya Sanhita and provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Dr M. Kodanda Ram, a college professor and the first accused, was arrested after his anticipatory bail pleas were rejected. However, a Special Court later declared the arrest illegal after finding that the mandatory grounds of arrest had not been properly furnished.
The accused was subsequently taken up for re-arrest by the Crime Branch.
Court Questions Police Action
During hearing, Special Government Pleader Rasheed C. Nooranad informed the Court that a preliminary enquiry conducted by the Superintendent of Police, Wayanad, had led the State Police Chief to recommend disciplinary proceedings against DSP Kallan.
The government, however, proposed to initiate proceedings after another enquiry by a panel of officers.
Justice Badharudeen questioned the need for another enquiry when the earlier report had already identified serious lapses.
“Why are you not suspending him? The report states that there are serious procedural lapses coupled with a careless and negligent approach,” the Court orally observed.
The Court also questioned whether senior police officials were attempting to shield the DSP.
Justice Badharudeen said the government should perform its administrative responsibilities instead of waiting for judicial directions at every stage.
“The job of police is to arrest. Court's job is to take decision when such action is challenged,” the Judge remarked.
Court’s Decision
In its order, the Court recorded that serious lapses had been found against the concerned police officer, while immediate action had not yet been taken by the State.
The Court directed the State Police Chief to consider the enquiry report and pass appropriate orders. It further directed that the proposed panel of competent enquiry officers be constituted within one week.
The matter was posted for further hearing on August 17, 2026.
