Kerala’s ex-police chief, Dr. T.P. Senkumar, has raised concerns about the police handling of the arrest of expelled Congress MLA Rahul Mamkootathil. Senkumar emphasized the importance of adhering to proper criminal procedures to avoid weakening the case. He specifically questioned whether the necessary steps outlined in the Bharatiya Nagarik Suraksha Sanhita (BNSS) were followed during the registration of the rape complaint and subsequent arrest.
In a detailed Facebook post, Senkumar highlighted the significance of procedural compliance rather than commenting on the merits of the allegation itself. He pointed out that under BNSS provisions, if a complaint is received via email from abroad, the police must follow specific protocols before registering a case. This includes formally contacting the complainant, ensuring their physical presence, and obtaining their signature.
Senkumar also raised doubts about whether the complainant underwent a mandatory medical examination within 24 hours of the case being registered, as required by BNSS Section 184(1). He stressed that failing to conduct such an examination could raise questions about the credibility of the complaint under Section 35(1)(b). Additionally, Senkumar posed legal queries regarding the grounds for arrest and the process of securing judicial remand if foundational procedures were not properly followed.
The former police chief further questioned the validity of a grievance submitted by the complainant to the Chief Minister as constituting a criminal proceeding. He cautioned against procedural lapses, warning that such shortcomings could potentially allow the accused to evade legal consequences. Senkumar urged the police to strictly adhere to statutory safeguards to prevent any loopholes that could be exploited.
While the police have asserted that they acted within the bounds of the law, Senkumar’s intervention has shifted the focus of the debate from political aspects to the legal process. The arrest of Mamkootathil, carried out in a covert midnight operation based on a complaint from a woman now residing in Canada, has sparked further scrutiny following Senkumar’s observations.
