Kochi: The government is reportedly in possession of all the confidential statements, audio recordings, and video footage submitted to the Justice K Hema Committee. These materials were handed over to the authorities along with the Committee’s final report. However, during a High Court hearing on a petition seeking an investigation based on the Committee’s findings, the government claimed it did not have access to these transcripts and supporting documents.
Justice J B Koshy, a retired High Court judge and former head of the Christian Minority Commission, emphasized that the Committee has no legal right to retain these records once the report has been submitted. He stated that it is the government’s duty to securely store such documents, which can be requested for review by the court or the police. He also mentioned that these sensitive records are typically stored alongside other classified government documents. When asked for clarification, Justice K Hema’s response was unavailable.
Criticism has emerged over the police’s failure to register a First Information Report (FIR) based on the report’s findings. Concerns have been raised that the creation of an extensive investigation team, consisting of seven IPS officers, could lead to further delays in filing the FIR. Legally, the Station House Officer (SHO) is responsible for FIR registration, but their role becomes complicated when high-ranking IPS officers are involved in the investigation. The Supreme Court, in the 2013 Lalitha Kumari case, ruled that the police must register an FIR immediately upon receiving information about a cognizable offense, without any preliminary inquiry. This principle is reinforced by the ‘Zero FIR’ provision in the newly introduced Bharatiya Civil Protection Code.
