The Kerala High Court on Thursday (November 21) dismissed the appeal filed by a police officer against the attachment of his property in connection with allegations of custodial torture of an advocate. The Court upheld the order of the Sub Judge, Karunagappally, who had earlier directed the conditional attachment of the property, later made absolute, to secure compensation for the victim.
The case arose from allegations against the then Circle Inspector of Karunagappally Police Station, who, allegedly motivated by personal vendetta, tortured an advocate on September 5, 2022. The advocate had reportedly led an agitation that resulted in the officer’s transfer. It was alleged that the officer, along with others, physically assaulted the advocate during transport and in custody.
The victim sought compensation through the Sub Judge, Karunagappally. Observing a prima facie case, the Court directed the officer to provide security for Rs. 25,00,000. Concerns over the officer’s attempts to sell his property led to the attachment order.
The police officer contested the attachment before the Kerala High Court, arguing that the property was already pledged as security for a loan and that the bank might initiate proceedings under the SARFAESI Act if the loan defaulted. He further argued that such actions could hinder the victim’s ability to claim damages in the future.
However, Justice G. Girish rejected the appeal, affirming that the bank’s rights would not be affected. The Court noted:
“The property was a security for the loan much before it was attached by the Court order. There is no basis for apprehension for the bank as it will have the right to proceed against the property in case the officer defaults on the loan.”
The Court emphasized that there was no justification to interfere with the Sub Judge’s order, reinforcing the victim’s right to compensation over speculative concerns.
The incident had garnered public attention when advocates of the Kerala High Court observed a day-long protest on September 20, 2022, demanding accountability for the alleged custodial torture.
