The Kerala High Court on Wednesday, through an interim order, directed the Central Bureau of Investigation (CBI) not to take any action, including arrest, against the parents of two Dalit girls who were raped and found dead in Walayar in 2017.
When the case was taken up on April 2, Wednesday, Justice C Jayachandran noted that the case warranted a hearing and decided to schedule it after the summer vacation. Until then, interim protection has been granted to the parents.
The CBI had submitted its chargesheet to the CBI Court in Ernakulam, which had directed the parents to appear on April 25. However, the High Court ruled that their personal appearance was not necessary.
The Walayar case refers to the deaths of two Dalit sisters, aged 9 and 13, who were found dead at their home in 2017, months apart. Scientific reports pointed to sexual assault, with the younger girl's report indicating possible homicidal hanging. However, in 2019, a trial court under the Protection of Children from Sexual Offences (POCSO) Act acquitted all the accused due to lack of evidence.
Following a High Court-ordered retrial, the case was transferred to the CBI, which filed its charge sheet in January 2025. However, controversy erupted after the CBI named the parents as accused, alleging they had abetted the sexual assault by failing to protect their daughters. The parents approached the High Court, accusing the central agency of conducting a "planned investigation" to shield the real perpetrators. In response, the court sought the CBI’s explanation and granted interim protection to the parents until a detailed hearing post-court vacations.
Reacting to the developments, Walayar Neethi Samithi, an organisation fighting for justice in the case, strongly criticised the CBI’s handling of the investigation.
“Despite two young girls being brutally assaulted and murdered, not a single accused has been punished. The CBI charge sheet erased the murder charges and reduced it to a case of suicide, which is why we filed a petition in the High Court pointing out the flaws in the charge sheet,” the organisation stated.
It questioned the manner in which the CBI court accepted the chargesheet. “Without thoroughly examining the complete chargesheet or hearing counterarguments, the CBI court hastily accepted a report that does not conclusively state the children died by suicide but only suggests the possibility of it, as per the medical team’s recommendation. This process itself is questionable.”
Criticising the decision to implicate the parents, the organisation alleged an attempt to silence those seeking justice. “By refusing to investigate the possibility of murder and instead framing the parents who are fighting for justice for their children, the CBI is sending a message that no parent should ever come forward in cases of sexual violence.”
The Neethi Samithi also alleged larger conspiracies at play. “If the real culprits in this case are identified, powerful mafias will be exposed. That is why strong political interference is attempting to dismiss this as mere suicide and protect the accused.”
The parents have demanded a fresh investigation into the possibility of murder, including a forensic examination of a disputed ‘death note’ allegedly written by an accused. Despite the court’s permission, the CBI failed to send the note for analysis.
The High Court will take up the case for a detailed hearing after the upcoming court vacations.
With IANS inputs