On September 1, 2001, Narayanana Nair, a 54-year-old man, was brutally beaten up by police officers, allegedly for not showing enough respect to them while they questioned his presence at a bus stop in Thrissur. A day later, he breathed his last at a private hospital. An autopsy found that death was due to heart attack but a doctor who examined him had stated that physical pain and emotional stress caused by police assault may have induced it.
Narayanan Nair, a school attendant, would have retired in another two months, to lead a peaceful life if not for the assault. His two brothers – Krishnan Kutty and Appu Nair – had been leading a legal battle ever since to prosecute the police officer whom they hold responsible for his death.
The accused officer, now a senior cop, wants to have the case quashed as it is seen a hindrance to his promotion to IPS rank.
The officer in question is MJ Sojan, superintendent of police, who is also facing trial for passing derogatory comments on the minor victims in the Walayar POCSO case. Sojan, who has been in the eligibility list for IPS promotion vacancies since 2019, was denied the post as the criminal proceedings are pending in both cases.
In September this year, the Kerala High Court quashed the case against Sojan filed by the mother of the Walayar victims, following which she filed an appeal at the Supreme Court. However, in the case of Narayanan Nair, the state government has denied sanction to prosecute Sojan. Narayanan's younger brother Krishnan Kutty told TNM that the counsel of the accused has requested the JFCM Court, Kunnamkulam to complete the trial before December 15, as he is being considered for the IPS rank.
Last month, the Kerala High Court dismissed a petition filed by Narayanan’s brother Appu Nair stating that it could not intervene in the government’s decision to deny prosecution sanction. The bench of Justice Bechu Kurian Thomas, on November 6, termed prosecution sanction as a solemn and sacrosanct act which affords protection to public servants against frivolous prosecutions. Interestingly, another bench at Kerala High Court recently ruled that prior sanction of the state government was not needed in cases of custodial torture by police. Justice K Babu, on December 2, ruled that a police officer torturing a man in a police station cannot be treated as part of official duty, thus not requiring sanction to prosecute.
In August this year, the state Home department issued an order declining the plea of the mother of Walayar POCSO victims to withhold the integrity certificate granted to Sojan for IPS promotion. The Home department issued the order based on a High Court order which disposed of her writ petition. As per the order, Sojan has approached the Central Administrative Tribunal over delay in considering his seniority for conferring IPS.
Assault and death
On the fateful day, Narayanan was waiting for a bus near Jawahar theatre when Sojan, who was then the Sub-Inspector of Kunnamkulam police station, arrived in his jeep. Krishnan Kutty said the police officers asked Narayanan why he was there, to which he replied whether Section 144 (prohibitory order) had been declared. "The police station was opposite the school and he used to visit the station daily to sign the local delivery book. So he was familiar to them and thus responded lightly to the SI’s question. However, his response provoked the SI, who stabbed his abdomen with a lathi and then beat him up. Two policemen beat him too. When he fell on the road, they abandoned and left the place. It was the local people who took him to the hospital,” Krishnan Kutty said.
While undergoing treatment at the Government Hospital, Kunnamkulam, Narayanan was referred to the Medical College Hospital. Enroute, his condition deteriorated and was admitted to Mother Hospital at Thrissur, where he died on September 2, 2001.
The post-mortem report stated occlusive coronary artery disease as the reason for death while the wound report recorded at the Government Hospital pointed to multiple contusions in the body.
In 2003, the state Human Rights Commission ordered the government to release Rs 50,000 as interim relief to Narayanan’s wife and to recover the amount from Sojan. Rights panel chairman MM Pareed Pillay issued the order after considering the report filed by the then IG Jacob Punnoose. The rights panel observed that there was no acceptable evidence to hold that Narayanan died solely due to the assault. However, it noted that there was overwhelming evidence to substantiate that he was assaulted by the Sub Inspector.
Dr Joseph, an associate professor of Medical College Hospital in Thrissur, who conducted the autopsy, gave a statement to the Human Rights Commission that the death was due to myocardial infarction (heart attack) and he cannot definitely state it was due to the assault. Dr Karthikeyan of Kunnamkulam Government Hospital, who examined Narayanan following the assault, recorded that there were several contusions in the body. He said that physical pain and emotional stress caused by police assault may possibly induce myocardial infarction, but is rare in normal people.
Allegations of sabotage
Krishnan Kutty alleged that there were multiple attempts by the police to sabotage the case. He said that the Kunnamkulam police registered a case into the assault only 48 days after the incident. “Following the death, the Thrissur Town West police registered a case for unnatural death. Later, based on the government's directive, DySP of the Narcotics cell conducted an investigation and directed Kunnamkulam police to register the case,” he said.
He also alleged that though police took a statement from Narayanan before his death, that crucial document was never produced anywhere. Krishnan Kutty said that other accused policemen, barring Sojan, were later listed as witnesses in the case, which he felt would impact the case.
While the trial in the JFCM Court, Kunnamkulam was going on, Narayanan’s brother filed a private complaint at the High Court, stating the family has no faith in police and requested for a trial invoking IPC 302 (murder) against the accused. When the court dismissed the petition, a revision petition was filed at sessions court, where the judge directed the HC to reconsider the case by adding IPC sections 326 (causing of grievous hurt using dangerous weapons), 325 (Punishment for voluntarily causing grievous hurt), 201 (1) (causing the disappearance of evidence) and 34 (multiple people commit a criminal act).
Though the JFCM Court, Kunnamkulam directed police to file a revised chargesheet in 2018, Sojan approached HC, which quashed the order. The appeals filed by Narayanan’s brothers were not considered as the government denied sanction for prosecution. The government submitted reports stating that the cause of death was heart disease and the alleged assault happened when the accused police officer waved his lathi while dispersing a crowd. The government denied prosecution sanction stating that the police officer was acting in the discharge of his official duties
Last month, the High Court dismissed Appu Nair’s petition stating that it could not interfere in the government's decision to deny prosecution sanction. Following disposal of the private petition, the trial at JFCM Court, Kunnamkulam resumed. The next hearing is scheduled on December 6.
Krishnan Kutty said that they would file a revision petition against the HC order, while waiting for final verdict at the JFCM Court.
Krishnan Kutty condemned the government’s move to confer IPS on Sojan. He said Sojan was promoted as DySP and SP by concealing facts regarding the criminal case against him.