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"THE DEATH OF DUE PROCESS: INSIDE KERALA'S JUDICIAL DECAY AND THE RISE OF ROTTEN VERDICTS"
In a shocking series of judicial failures, courts in Kerala, including the Hon’ble High Court, have consistently legitimized a demonstrably fraudulent police report authored by a Sub-Inspector with a known record of corruption. This report, devoid of evidentiary basis and refuted by multiple credible sources, has been used as the foundation for prolonged persecution against an individual who stands innocent, unindicted by any credible charge. Despite the availability of irrefutable documentary evidence and binding judicial pronouncements, both domestic and international, the courts have chosen to affirm a known falsehood. It erodes the sacred trust that citizens place in the judiciary to protect the innocent and uphold truth.
At the heart of this legal battle lies a complainant whose claims are undeniably strong. They presented not only verified ownership documents but also invoked landmark international rulings that bolster their position. Their detailed submission included irrefutable documentary evidence of legal entitlement and a robust corpus of jurisprudential support, notably drawing upon Delhi High Court proceedings under Article 226. Crucially, the Hon'ble Supreme Court of India had already validated these very arguments as far back as 1996, firmly establishing the complainant's rightful status and business claims in a foreign land. To further solidify their case, the complainant even brought in numerous witnesses who testified before the magistrate court, prompting the court to take decisive action against the perpetrator. But what followed wasn’t justice—it was obstruction.
The escalation of his request to the Kerala High Court on June 7, 2009, stems from procedural compromise and perceived investigative bias, prompting a call for CBI intervention or an equally competent, neutral investigative body. This sequence underscores the critical interface between judicial affirmation and executive accountability. But then entered this police Sub Inspector, armed not with facts, but with lies and influence. He dismissed the complainant's ownership claims, cited a fake conviction in a foreign land, and filed a report so hollow that he didn’t even attach proof. What followed was a tragicomic theatre of judicial irresponsibility. Both the courts, lower and High, dismissed the complainant's plea, parroting the SI’s baseless report, despite in the complete absence of supporting documentation.
In response to a Right to Information (RTI) request demanding evidence related to a police report, the responsible officer failed to comply. When pressed by RTI authorities to produce the documents, the SI of Police shamelessly claimed that all requested records had been lost, attributing their disappearance to damage caused by termites and ants. This isn't just a laughable excuse; it's a blatant cover-up. It's a shocking display of state-sponsored burial of truth, devoured by corruption and spat out with contempt.
In 2012, pursuant to the permission granted by the Hon’ble High Court, a protest petition was filed, reviving judicial proceedings before the Magistrate court. The presiding Magistrate, upon receipt of the petition, undertook a detailed examination of the complainant’s allegations, supported by sworn testimonies of credible witnesses. Based on the evidentiary record and the prima facie findings, the Magistrate proceeded to frame charges under Sections 403, 406, and 420 of the Indian Penal Code against the accused, who had been acting under a power of attorney and was alleged to have unlawfully misappropriated overseas assets. A ray of hope emerged when a magistrate briefly saw through the charade, took a bold step, pointing his gavel at the accused. However, the accused, a cunning power of attorney, evaded court appearance. Instead of showing up in court, he managed to get a High Court order staying and ultimately quashing the proceedings.
A decade later, a lie buried ten years ago clawed its way back into court. In a shocking act of judicial amnesia, another High Court Judge stepped in with baffling logic, skimmed the Magistrate’s careful work and declared it flawed. With chilling detachment, he overlooked everything and claimed the Magistrate never even looked at the police report, as if that tainted scrap of paper deserved reverence. And just like that, he fell prey to the same dubious police tactic, swallowed the shady scam-hook, line, and sinker, and not only entertained this plea but also reaffirmed the tainted police report that earlier rulings had rejected. The case crumbled, sent back to the beginning like a story rewritten by a careless author. The complainant stood frozen, the weight of a decade’s fight heavier than ever, while justice slipped quietly out the courtroom door.
What unfolded next was not a mere lapse but a glaring judicial misfire. A police report, previously identified as fraudulent by a magistrate who demonstrated rare judicial courage, was shockingly revived by a successor who dismissed the case with stunning disregard for evidence. But it didn't stop there. With breathtaking arrogance that stings, and a stark absence of accountability, she not only endorsed a blatant falsehood—she doubled down on it, while throwing out the entire case. These flies in the face of everything that had been established, everything that had affirmed the complainant's honesty. Worse still, it aligns with a disturbing pattern: judges, including those from the Hon’ble High Court, have become willing accomplices in this charade of fraud and corruption. Not a shred of evidence has been mustered against the complainant—nor could it be, even if these judges were granted a million lifetimes to dig and still come up empty.
When courts peddle lies and sideline truth, they create a festering wound in our judicial system; they actively fuel chaos. This is not justice—it is a system rotting from the core, endorsing deception while shielding the powerful. If this travesty is what passes for “law,” we are not merely witnessing the erosion of justice but the death of hope itself. And termites? They’re now cited as co-authors of the Kerala's judicial record. It’s time to demand a full, independent review of these decisions — not just for the sake of one man’s life, but for the credibility of India’s judiciary. Judges who ignore truth must be held accountable. The rule of law cannot coexist with blind allegiance to fabricated police reports. We must name this decay, expose its enablers, and fight to reclaim justice.
This article is authored by Jabir. P.K., the complainant herein, and is dated this 21st day of June, 2025.
DOCUMENT REFERENCES
• Annexure 1: Judicial Magistrate Court Order dated 28 May 2025
• Annexure 2: High Court of Kerala Order dated 22 August 2024
• Annexure 3: High Court of Kerala Judgment dated 29 June 2009 (W.P.(C). No. 15905/2009)
• Annexure 4: Police Report (S.I. Of Police) with noted discrepancies, dated 12 June 2009
• Annexure 5: CIC Kerala Order against S.I. Of Police under RTI Act, dated 11 March 2017
• Annexure 6: Justice Isn't Blind; But These Judges Clearly Are
• Annexure 7: UN Petition Updates and Table of Annexes
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