Court Orders Expedited Metallurgical Tests and Call Data Retrieval to Strengthen Prosecution Case
In a significant legal development, the Kerala High Court has issued directives aimed at intensifying the investigation into the alleged misappropriation of gold linked to the Temple Flag Mast at Sabarimala. The Division Bench, comprising Justices Raja Vijayaraghavan V. and K.V. Jayakumar, emphasized the necessity of advanced forensic and metallurgical examinations to establish a strong and legally sustainable prosecution case.
The suo motu proceedings initiated by the court have underscored the need for scientific examinations to ascertain the truth behind the allegations. The court has directed the National Metallurgical Laboratory, Jamshedpur, to conduct a series of specialized tests, including X-ray Fluorescence Spectroscopy (XRF), Inductively Coupled Plasma Mass Spectrometry (ICP-MS), and Optical Emission Spectroscopy (OES). These tests aim to determine the elemental composition and metallurgical uniformity of the gold involved, providing a scientific basis for the investigation.
The Investigating Officer, Sri S. Sasidharan, IPS, informed the court that 36 samples have been collected and are being sent to the laboratory for examination. The laboratory has agreed to conduct these tests free of cost, given the case's significance, and has assured expedited results.
In addition to the metallurgical tests, the court has granted permission to retrieve call data records from mobile service providers. This move aims to gather material particulars that may shed light on the interactions of the accused persons. The court acknowledged the challenges posed by the passage of time but emphasized the importance of this data in building a comprehensive prosecution case.
Furthermore, the Vigilance and Anti-Corruption Bureau has been tasked with conducting a preliminary inquiry into the allegations. Deputy Superintendent of Police, Sri Hari C.S., has been appointed to lead this inquiry, with a report expected within 30 days.
The court's directives reflect a commitment to ensuring a thorough and scientifically-backed investigation into the allegations, highlighting the judiciary's role in upholding justice and accountability.
Bottom Line:
Investigation into allegations of misappropriation of gold related to the Temple Flag Mast at Sabarimala - Directions issued for advanced forensic and metallurgical examination, securing call data records, and obtaining necessary reports to ensure a clear, cogent, and legally sustainable prosecution case.
Statutory provision(s): Criminal Procedure, Investigation.
Suo Motu v. State of Kerala, (Kerala)(DB) : Law Finder Doc id # 2856108
