The Kerala High Court on November 12 raised pointed questions about the hospitalization of former Director General of Police (DGP) Tomin J. Thachankary immediately after his conviction - noting that the same man who claimed to be gravely ill in jail was now seeking permission to travel abroad for work.
Background
Thachankary was convicted by a trial court in mid-September in a disproportionate assets case and sentenced to four years in prison along with a fine of ₹30.8 lakh. Almost immediately after entering custody, he was hospitalised and remained so until the Kerala High Court suspended his sentence roughly a month later. When bail was granted, the court imposed a condition that he could not leave India without prior permission. Thachankary subsequently moved a plea seeking to travel to Dubai for employment purposes.
Justice A. Badharudeen was blunt during Thursday’s hearing. He found a sharp contradiction in Thachankary’s position - that a man too ill to remain in a jail cell was apparently healthy enough to take up overseas employment.
“Please apply common sense. The moment he is in jail, he goes straight to the hospital and stays there. The moment he gets bail, he comes to court to seek permission to travel abroad. He was not even sent to a cell - he saw a cell when he inspected an accused when he was a DGP,” the judge observed.
The court also questioned whether the hospitalisation was genuine or arranged to help Thachankary avoid actual time behind bars.
“Whether he was put in the jail hospital for any disease, or whether the doctor therein is involved - who are the persons involved, Jail Superintendent, or any other persons in the police hierarchy - that all matters to be investigated. I won’t leave this matter without an inquiry. He must go for medical board examination,” Justice Badharudeen stated.
When Thachankary’s counsel sought to withdraw the travel plea at Thursday’s hearing, the court made clear it was not prepared to close the matter simply on that basis.
“Even if you withdraw this application, I may go for other steps. I may order his examination by a Medical Board to ascertain what is his illness,” the judge said.
The court reserved its verdict after recording in its interim order that there appeared to be anomalies in the contentions raised regarding
Thachankary’s hospitalization inside Central Prison, which it said required detailed examination in the interest of justice and to keep the rule of law intact.
