Confusion over Supreme Court verdict made Magistrate re-consider decision

“Let the police officers concerned be arrested forthwith.” The wordings of the Supreme Court verdict in the petition filed by Kerala govt challenging the bail granted to 1^st accused in the Nedumkandam custodial death case led to severe confusion as the Additional Magistrate Court had to think twice before remanding other accused police officers on Tuesday.

Initially, when the accused officials were produced at the magistrate’s chamber, it decided to grant one-day bail to them & conduct a hearing on Wednesday. Even the ID proof of two sureties was collected. However, at 6.30 pm, the magistrate decided to reconsider its decision & remanded them to Ernakulam Sub Jail.

According to a Central Bureau of Investigation (CBI) officer, the confusion was mainly about the Supreme Court verdict. Kerala govt had approached the Supreme Court against bail granted to the 1^st accused. “But in the concluding sentence of the order, it is stated that the police officers concerned be arrested. We interpret it as a directive to arrest all the accused police officers. However, counsel for the accused person contested before the magistrate that the order was made without hearing them,” a Central Bureau of Investigation (CBI) officer said.

The verdict was given by Justice Arun Mishra & Justice Indira Banerjee on Dec 16, 2019. A two-page verdict in Special Leave Petition(CRL) No 8818/2019 stated that Kerala HC granted privilege of bail to accused persons illegally. Since the case is registered under section 302 of the Indian Penal Code with respect to custodial death, it is not a case where the benefit of bail could have been granted to the accused persons, Supreme Court observed in its verdict.

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