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`Victim' not willing to pursue probe: report

Staff Reporter

Government to file affidavit before High Court in Joseph case

Kochi: It was for the "satisfaction of the Chief Minister'' that the Government ordered an inquiry by Inspector-General of Police B. Sandhya into allegations against the former Public Works Minister P.J. Joseph, according to an affidavit to be filed by the State Government before the High Court.

The affidavit said the Government was "not fully satisfied" with the inquiry report. The affidavit was in response to a writ petition filed by Simmy Rosebell John, secretary, All India Mahila Congress, seeking a direction for registering a crime against the former Minister. [The Minister was accused of misbehaving with a co-passenger on board a flight recently]

The petitioner said the conduct of Mr. Joseph had attracted offences under Section 350 (using criminal force) and punishment under Section 352, besides committing offences under Section 354 (assault or criminal force on women with intent to outrage her modesty) and Section 355 (criminal force to dishonour a person) of the Indian Penal Code. In fact, the IG was bound to register a case as per the rulings of the Supreme Court since prima facie case for registration of a crime had been amply made out. Instead, the police officer submitted the report to the Chief Minister, who later announced that a judicial inquiry would be ordered.

The Government's affidavit said that Mr. Joseph was the topmost leader of a political party. He had been a Minister in the State since 1978. That being the position, the Government "thought it fit" to conduct a judicial inquiry to ascertain the truth about the allegations against him.

In fact, the Government had sent a communication to the High Court Registrar requesting that the services of a sitting judge be spared for instituting a judicial inquiry.

In reply, the High Court Registrar said a sitting judge could not be spared owing to shortage of judges. In such circumstances, only a judicial inquiry by a retired High Court judge was feasible.

The affidavit said that the IG, in her inquiry report, had stated that the `victim' and her family were not ready to pursue the investigation at all.

The Government said that if the victim was interested, she could have filed a complaint before the police in Chennai or in Kerala. Though she was free to do so under Section 153 of the Criminal Procedure Code, she did not choose that course. The Government contended that it was open to the State to conduct a judicial inquiry into the allegations. In fact, it was to do justice to the victim and the former Minister that the Government decided to conduct a judicial inquiry.

The Government said the petitioner had no locus standi to file the writ petition. The petitioner was not even competent to challenge the judicial inquiry. The petition was filed to gain political mileage, the affidavit added.

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