Legal experts also say in the case of a complaint involving offence of cognizable nature, case should be registered under CrPC Section 154.
KOCHI: As the rural crime branch team probing the suicide of 21-year-old law student Mofiya Parveen collects evidence corroborating her suicide note alleging domestic violence and harassment over dowry as reasons for taking the extreme step, Aluva East former station house officer (SHO) C L Sudheer, whose name was clearly mentioned in the suicide note, remains free from the clutches of law. Legal experts have criticised the police, saying the immediate cause of the death was the insult meted out by the SHO to her but the ongoing investigation aims to shield the officer despite clear assertion against him in the suicide note.
Mofiya’s husband Muhammed Suhail, his mother Rukhiya and father Yousuf, the accused in the case, on Friday approached the High Court seeking bail. They were booked under IPC Sections 304 B (dowry death), 498 A (cruelty to woman) and 306 (abetment of suicide). In their bail petition, they said that there was no proximate cause of the incident on the part of the petitioners and they have not made any demand soon before the death. They submitted Suhail had divorced her on October 27 after several rounds of mediation.
“The death occurred due to an abetment which is evident from the suicide note wherein she has specifically cited she has no way other than ending her life due to the fact that the SHO made her a madwoman in the presence of her husband Suhail and in-laws Yusuf and Rukia. So the immediate cause of the death is abetment by the officer. It is mandatory to register a case for abetment, but unfortunately, the antenna of the investigation has not even turned to him. This is to be viewed seriously,” said former director-general of prosecution T Asaf Ali.
Mofiya had lodged a complaint on October 29 against her husband and in-laws alleging mental torture and physical and sexual harassment against them. The three were arrested and have been slapped with IPC sections 304B (dowry death), 498A (husband or relative of husband subjecting a woman to cruelty), 306 (abetment to suicide) and 34 (acts done by several persons in furtherance of common intention). Mofiya was found hanging at her house at Edayapuram on November 22.
“Police acted only after her death. For about one month, her complaint was kept in cold storage. Obviously, it would be suspected that this was to shield her husband or in-laws. Unless the SHO is charged under section 306, it will be a miscarriage of justice. The police have not started investigating that aspect,” Ali said citing that recent Supreme Court verdicts clearly directed that abetment of suicide should be invoked in this kind of situations.
The FIR registered by the Aluva East Police on November 23 cited that Mofiya took the extreme step after feeling she would not get justice from the SHO. When the police summoned the couple following a complaint lodged by her, Mofiya slapped on Suhail’s face. On seeing this, SHO Sudheer shouted at her. The officer was relieved of his charge on November 24 and suspended two days later.
Legal experts also say in the case of a complaint involving offence of cognizable nature, case should be registered under CrPC Section 154. But if the police with an intention to disobey the law that act itself is an offence under Section 166 of IPC, they point out.Mofiya’s father Dilshad Salim said: “The police have promised that an FIR will be filed against the officer and he will be slapped with charges of abetment to suicide.”