Thiruvananthapuram Jan 12 Kerala's former police chief Dr T.P. Senkumar on Monday raised sharp questions over the manner in which the police handled the arrest of expelled Congress MLA Rahul Mamkootathil, cautioning that failure to strictly follow criminal procedure could weaken the case.
In a detailed Facebook post, Senkumar questioned whether mandatory provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS) were adhered to in the registration of the rape complaint and the subsequent arrest.
Without commenting on the merits of the allegation itself, he focused squarely on procedural compliance.
Senkumar said that if the complaint was received by email from abroad, police were required under BNSS provisions to formally call the complainant, obtain her physical presence, and secure her signature before registering a case.
"Only after completing this process can a case be legally registered," he noted.
The former police chief further questioned whether the complainant was subjected to a mandatory medical examination within 24 hours of case registration, as required under BNSS Section 184(1).
He argued that without such an examination, the credibility of the complaint under Section 35(1)(b) could be challenged.
Raising a series of pointed legal queries, Senkumar asked how police could legally inform the grounds of arrest under Section 47(1) or secure judicial remand under Section 187(1) if foundational procedures were not followed.
He also questioned how a grievance submitted by the complainant to the Chief Minister could, by itself, constitute a criminal proceeding.
Using a metaphorical reference, Senkumar warned that procedural lapses could allow the accused to escape legal consequences.
"If criminal procedure is not followed, the ‘ hen’ will get away," he said, urging the police to strictly adhere to statutory safeguards.
While the police have maintained that they acted in accordance with the law, Senkumar’s intervention has added a new dimension to the debate, shifting focus from political claims to legal process.
Mamkootathil was arrested in a secret midnight operation on Saturday based on a complaint that came from a woman now settled in Canada.
She also sent a voice message to Chief Minister Pinarayi Vijayan on the trials and tribulations she suffered from Mamkootathil.
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