Kochi, Sep 22 (IANS) The Kerala High Court on Tuesday granted the state government two days to file its objections to former Director General of Police Tomin J. Thachankary’s plea seeking suspension of his four-year prison sentence in a disproportionate assets case, after the prosecution described it as an exceptional case involving a former police chief.
Justice A. Badharudeen posted the matter for September 24 after the public prosecutor sought time to file a written counter opposing Thachankary’s plea to suspend the sentence pending his appeal against conviction.
The request triggered a discussion on whether the prosecution has an absolute right to file written objections when the sentence is below 10 years.
Thachankary’s senior counsel B. Raman Pillai opposed the request, arguing that this was the first time the prosecution had sought to file written objections in a case involving a sentence of less than 10 years.
The court also questioned the legal basis for the state’s request.
“You don’t have an absolute right to file an objection in a case where the sentence is less than 10 years,” it observed.
Under Section 389 of the CrPC, the prosecution is specifically given an opportunity to file written objections when the sentence exceeds 10 years, the court noted.
The state, however, argued that the circumstances of the case warranted an opportunity to place its objections before the court.
The prosecutor stressed that Thachankary had occupied the high-profile post of DGP and that the case involved serious allegations.
The court, while allowing the state two days, made a broader observation on the significance of the case.
“So this is a message to all DGPs, Chief Secretaries, even Chief Ministers, etc., that law is not so feeble even to book highly potential persons without any discrimination to their status,” Justice Badharudeen orally remarked, while referring to the exceptional circumstances cited by the prosecution.
Thachankary was convicted by the Kottayam Vigilance Court last week under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act and sentenced to four years’ imprisonment and a fine of Rs 30.84 lakh.
The trial court found that, even after giving Thachankary the benefit of discrepancies established in the evidence, his assets remained 52.33 per cent disproportionate to his known income.
Thachankary, who retired from service in 2023, has challenged the conviction, questioning the sanction for prosecution, the calculation of his income, and the treatment of his wife’s income.
He has also sought suspension of the sentence during the pendency of his appeal.
–IANS
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