Thiruvananthapuram: The High-Level Team (HLT) formed under DGP Sheik Darvesh Saheb to conduct a detailed probe into the allegations levelled by Nilambur MLA P V Anvar has given a virtual clean chit to ADGP (Law and Order) M R Ajith Kumar and former Malappuram SP Sujith Das.
Nonetheless, the HLT found the ADGP's decisions in the Maami missing case "inappropriate" and also discovered a "procedural flaw" in Sujith Das's performance. Otherwise, the DGP-helmed HLT dismissed all the charges it investigated.
To assist the DGP, the HLT had Gujulavarti Sparjan Kumar IG, Commissioner of Police, Thiruvananthapuram City; Thomson Jose, Deputy Inspector General of Police, Thrissur Range; A Shanawaz, Superintendent of Police (Intelligence), State Special Branch; and S Madhusoodanan, Superintendent of Police, Crime Branch.
In fact, the majority of Anvar's 40 charges against the ADGP and the police force in general are now being investigated by the Vigilance and Anti-Corruption Bureau (VACB). Therefore, grave allegations like the amassment of wealth by the ADGP, his wife's links to gold smugglers in Mumbai, and Sujith Das and his DANSAF (District Anti-Narcotics Special Action Force) team's dubious operations did not fall within the ambit of the HLT's enquiry.
The enquiry report was tabled in the Assembly on Tuesday, October 15.
PV ANVAR'S CHARGE: Shajan Scaria, the head of an online channel, illegally intruded into the official wireless communication
system of Kerala police and leaked official secrets and telecast through his online channel the official directions disseminated through the official wireless sets by the Additional Superintendent of Police, Ernakulam Rural.
Instead of 66F, it was the weak Section 66B of the Information Technology Act, 2000, that was slapped on Scaria. (66F relates to cyber terrorism and, if proved, the accused could be sentenced to life. 66B is about receiving stolen computer or communication device and has a punishment of only up to three years and a fine of Rs 1 lakh.)
Though Scaria's location was shared to the ADGP, the police failed to arrest the accused. The ADGP let Scaria off the hook because he was bribed by Scaria's brothers.
FINDING: It was found that Section 66F of the IT Act was not applicable in the case. The enquiry did not find any material to substantiate Anvar's allegations. The ADGP, in his statement to the investigation team, said that the probable location of Shajan Scaria was indeed shared by the MLA and that "earnest efforts were taken to trace the accused".
(The bribe angle is probed by the VACB)
PV'S CHARGE: The murder of Ridan Basil in connection with gold smuggling through Karipur airport was carried out on the instructions of the ADGP. The mobile phones of the deceased were not recovered, and his wife was tortured. The role of then Malappuram SP, Sujith Das IPS, and his DANSAF (District Anti-Narcotics Special Action Force) team should also be probed.
FINDING: On perusal of the case diary files, and from the statements and circumstances, certain shortcomings and lapses have been noticed. Hence the case has been transferred to the Crime Branch from the Edavanna Police Station. The State CB will examine the concerns of the victim's family, shortcomings in the investigation and will submit the final report at the earliest.
There was no material evidence to support the allegation that Ridan Basil was murdered at the ADGP's behest.
PV'S CHARGE: Police had harassed suppliers transporting construction materials like stones, sand and soil for the Life Mission project.
FINDING: With regard to the work related to the Life Mission Scheme, no harassment is found to be done. "However, if anyone is illegally trying to transport building materials in the guise of the Life Mission Project, it needs to be acted upon."
PV'S CHARGE: ADGP Ajith Kumar and Sujith Das conspired to implicate sub inspector Sreejith in a fake case as he was aware of the police role in the smuggling of gold through Karipur.
FINDING: The allegation is baseless. SI Sreejith was suspended by the DIG Thrissur Range on December 23, 2023, based on the preliminary enquiry conducted by DySP, Kondotty.
The Preliminary Enquiry revealed that Sreejith had misused his official capacity and committed serious misconduct by associating himself with persons involved in gold smuggling. It was revealed that the SI had received money from smugglers on various occasions and from different accounts.
PV'S CHARGE: The ADGP has the support of RSS and a criminal gang is also functioning under him.
FINDING: This allegation is a generalised statement and the MLA did not provide any supporting evidence.
PV'S CHARGE: The Police did not actively intervene in the disruption of Nava Kerala Sadas at Areecode, Malappuram. Several false cases were registered against the DYFI workers and they were remanded for three weeks as per the instructions of the ADGP
with the intention to defame the Chief Minister and his party.
(The police had taken strong action against some LDF workers who had assaulted YouTuber Mohammad Nizar who was at the venue on November 30, 2023, to file a complaint. Nizar had to be admitted to a hospital.)
FINDING: The allegation that 11 cases were registered during Navakerala Sadas at Areekode is false. Only two cases are seen registered at Areekode. The allegation of remanding the accused for three weeks is also found to be untrue. They were in judicial custody for two days.
PV'S CHARGE: Journalist Vinu V John of Asianet News had sought help from the ADGP in a murder case related to his family.
FINDING: No such case has come to the notice of the investigating team. Vinu, too, has categorically stated that there is no such case against him or his family members. Vinu further stated that he has served a legal notice to the MLA for making false claims.
PV'S CHARGE: ADGP M R Ajithkumar has posted an IPS Officer as an assistant to intercept the phone calls of ministers, politicians and journalists. He has a parallel system in the cyber cell for doing this. Under the ADGP's directions, some members of the cyber wing of Kerala police intercepted the phone calls of ministers, including those of the CM, MLAs, journalists, film personalities and also members of the Chief Minister's Office.
FINDING: There are legal provisions and SoPs to ensure that calls are intercepted only when national security and public order are at stake. There are robust mechanisms in place to ensure that this facility is not misused in any manner.
A detailed confidential enquiry revealed that there was no unlawful interception of phone calls as alleged by the MLA.
PV'S CHARGE: The ADGP's move to transfer the investigation into the missing of Kozhikode industrialist Mohammed Attur alias Maami to a special investigation team (SIT), ignoring the Chief Minister's assurance that it will be handed over to the Crime Branch, is suspicious. Maami, ho has still not been found, could have been murdered.
FINDING: The ADGP's decision to constitute an SIT headed by an officer outside the district by excluding senior local officers and Kozhikode Commissioner of Police, in complete disregard of the family's and the Action Council's demand, is found to be inappropriate and paved way for raising unnecessary controversies. "The ADGP (Law & order) ideally could have recommended for
State Crime Branch investigation as demanded by family, the Action Council (formed to trace Maami) and as assured by the CM."
PV'S CHARGE: Former Malappuram SP, Sujith Das, maintained contacts with the Customs officials as he had previously worked in the Customs. Using these contacts, he
received information regarding the carriers who were permitted to clear the customs scanning facility. Once outside the airport, the DANSAF Team members caught these carriers. About 50-60 per cent of gold seized in such cases was misappropriated and only the remaining gold was returned to the Customs.
FINDING: Unnikrishnan N V, the approved appraiser of customs and the only person who provides the certificate after extracting gold from the impure form in which it is smuggled, denied that there was any such misappropriation.
(The VACB is also looking into this aspect.)
PV'S CHARGE: An annexe building was constructed in the Kottakkal Police Station premises using funds collected from quarry and crusher owners.
FINDING: The enquiry revealed that a mess hall was constructed in the Kottakkal police station compound, and this was inaugurated by the then Malappuram SP Sujith Das on July 2, 2021.
The dining hall-cum-conference room was constructed an estimated cost of Rs 6 lakh. "This construction was undertaken without
any sanction from the authorities concerned and by utilizing the funds and materials provided by private persons apart from the contribution from the police personnel of Kottakkal PS. This is a serious irregularity."
However, the enquiry did not find evidence to substantiate the allegations that several crores were collected from quarry owners by Sujith Das IPS. Records reveal that the construction was initiated during the 2019-20 period when Abdul Kareem U IPS was the District Police Chief.
PV'S CHARGE: ADGP (Law & Order) misused the Anti-Naxal funds.
FINDING: These funds are utilised on the basis of rules, procedures and guidelines of Government of India and Government of Kerala. The implementing officers are District Collector, District Police Chief and the Nodal Officer is IGP North Zone.
Utilisation of these funds is subject to audit by both Government of India and Government of Kerala.
There is no role for ADGP (Law & Order) in implementing these schemes. Hence this allegation is devoid of any merit.
PV'S CHARGE: The role of Sujith Das and DANSAF team in the suicide of ASI Sreekumar should be looked into.
FINDING: As per the investigation, ASI Sreekumar committed suicide because of his mental agony and frustration following the suspension from service, removal from crime squad and also because of his family issues.
As of now, no written complaint has been received by the police from the family members with regard to the death of the ASI.
PV'S CHARGE: The then Malappuram Police Chief Sujith Das used Grade SI Mohandas to illegally intercept phone numbers.
FINDING: The enquiry found that Sujith Das, without creating an official arrangement, had used the services of Mohandas, who was writer in the VACB, to crack hawala cases. The Malappuram Police Chief should have given a proper written request for the services of a person working in the VACB. This is procedural violation and it should have been avoided.
