Investigation in Love Jihad case stayed by High Court of Kerala.

 “Conduct of the Investigating Officer shocks the judicial Conscience.” Says High Court.

Read the interim order.

M.Sasidharan Nambiar,J.
Crl.M.C.Nos.3836 &3837 of 2009.

Common Order

1.    On going through the case diary , conduct of the Investigating Officer shocks the judicial Conscience. Under section 162 of the Code of Criminal Procedure , no statement made by any person to a police officer in the course of an investigation under this chapter, shall if produced to writing be signed by the person making it. It is strange to note that in the statements of the two victims recorded by a senior police officer not only their signatures, but also their thump impressions were taken in every page of their statements, in flagrant violation of the mandatory provisions of the code. It cannot be believed that the police officer is ignorant of the mandatory provisions of the code. It is not a fact to be ignored. Criminal Justice system cannot be taken for a ride.
2.    In such circumstances, Assistant Commissioner of Police , Cantonment Police Station is directed to file an affidavit by 23.12.2009, under what circumstances and what authority in the statements of the two ladies , who are educated up to MBA recorded under 161 of the Code of Criminal Procedure, their signatures and thump impressions were obtained in every page of their statements. Interim stay of further investigation in the case until further orders. Post on 6.1.2010.

 See the old post "Human Right aspects of "Love Jihad": A phrase coined by the Hindu Fanatics to advance hate politics: A barbaric and shameful acts" Published on Tuesday December 2009 to read the Crl.M.C filed for quashing the FIR.