The Death of Due Process

The complainant’s case

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 High Court request and the Sub-Inspector’s report

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.

The RTI reply: termites and ants

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.

It’s a shocking display of state-sponsored burial of truth, devoured by corruption and spat out with contempt.

The protest petition and the charges

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.

Another High Court Judge steps in

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.

The case is thrown out

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.

A full, independent review

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.

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.