Kafir screenshot case: Vadakara police turn up without status report in court

Kozhikode: Vadakara Police, investigating the 'kafir screenshot' case, appeared before the Vadakara Judicial First Class Magistrate (JFCM) Court empty-handed and requested more time to submit the progress report on Friday.

The police and prosecution's failure to present the report lends credence to the UDF's allegation that the investigation is being stalled after the fake screenshot was traced back to the phones of CPM and DYFI leaders.

"This is precisely why we approached the court. We were certain the police had done nothing after the High Court closed our petition," said Muslim Students Federation (MSF) leader Muhammad Khasim P K, in whose name the communal screenshot was circulated on social media on the eve of the Vadakara Lok Sabha election.

On November 8, JFCM Judge Sheeja A M directed the Vadakara police to submit the investigation report and updates on the forensic examination of mobile phones linked to the fake screenshot circulation by November 22.

On Friday morning, when the court took up the case, the assistant public prosecutor (APP) stated that the investigation report was not ready for submission but assured the court that the investigation was on the right track. "That is why we asked for the report," the judge told the APP.

When the prosecution requested time until Monday, an unamused judge set the hearing for the afternoon and insisted that the police report be tabled before the court, said Advocate Mohammed Shah, the counsel representing Khasim.

In the afternoon, Investigating Officer and Vadakara Station House Officer Inspector N Sunil Kumar appeared before the court and sought a hearing on November 25 to which the court agreed. 

The police must now submit the status report by the decided date and the next hearing is scheduled for November 29, said Advocate Shah.

On April 25, a screenshot in Khasim's name began circulating in Left-leaning WhatsApp groups and Facebook pages, calling Vadakara's LDF candidate K K Shailaja a 'kafir' (infidel) and seeking votes for Congress candidate Shafi Parambil based on his religion.

As soon as Khasim saw the screenshot on a pro-CPM Facebook page, he filed a police complaint alleging forgery and an attempt to create religious animosity.

However, the police did not register an FIR based on his complaint. Later that night, the LDF filed a counter-complaint alleging that Khasim had attempted to vitiate the election.

The police investigation revealed that the screenshot had not been generated on Khasim's phone and was shared only by Left supporters. One of the earliest persons to share the post in a WhatsApp group was Vadakara DYFI Block Committee President R S Ribesh. When the police questioned him, he refused to disclose the source of the screenshot.

On May 31, Khasim moved the High Court, alleging that the police were stalling the investigation. Over three months, the prosecution shared details of the investigation with the High Court, claiming it was progressing and that Ribesh's phone had been sent for forensic examination.

On September 9, Justice Bechu Kurian Thomas of the High Court closed Khasim's petition but directed the Vadakara police to expedite forensic tests on mobile phones to trace the origin of the message and swiftly conclude the investigation.

Justice Thomas also stated that Khasim could approach the Vadakara magistrate court at any time if he believed the investigation had veered off course or if there were shortcomings in the police's efforts. The High Court also granted Khasim the status of a complainant rather than an accused.

However, more than two months after the High Court closed his petition, Khasim is still waiting for the forensic report.