Former DGP Sentenced for Corruption

Summary of Tomin Thachankary Disproportionate Assets Case

Background:

• Tomin Thachankary, a former Kerala DGP, sentenced to 4 years of rigorous imprisonment and fined Rs 30 lakh in a disproportionate assets case.
• The case originated in 2002, linked to events from 1990 involving Boby and Alexander Kuruvila from Alappuzha, Kerala.

Key Events:

1. Initial Incident (1990):

   • Thachankary, an IPS officer, was then ASP in Alappuzha.
   • Misused his authority after a minor scuffle involving Kuruvila family, leading to a fabricated case against them.
   • They were accused of threatening a complainant (his relative) and invoked the Arms Act.

2. Legal Pursuits:

   • Kuruvila family faced harassment and went into hiding. They later secured pre-arrest bail.
   • Filed complaints against Thachankary but faced setbacks, including quashed proceedings and lack of action from the police department.

3. Vigilance Case:

   • Starting in 2002, Boby alleged Thachankary had amassed wealth beyond his income.
   • An FIR was officially registered in 2007 after persistent efforts, including 24 petitions to the then Chief Minister V S Achuthanandan.

4. Protracted Legal Battle:

   • Investigations reported findings of assets valued at Rs 64 lakh in 2013.
   • The case was transferred multiple times among courts, with delays and repeated legal maneuvers from Thachankary to protract it.
   • Complaints against Vigilance for dragging feet led to HC interventions.

5. Judicial Rulings:

   • In 2021, the court emphasized the importance of the rule of law and monitored the timely progress of the case.
   • The court noted Thachankary's attempts to delay the trial, which culminated in sentencing in 2023.

Constitutional References:

• The case demonstrates the challenges within the Indian criminal justice system, touching on principles related to Article 14 of the Indian Constitution, which ensures equality before the law and prohibits discrimination.

Judicial Highlights:

• The Kerala High Court has been involved in several rulings regarding this case, supporting the need for accountability and timely resolution in prosecutions against public officials.

Broader Implications:

• The Kuruvila family's long pursuit of justice highlights issues of corruption, misuse of power by public servants, and the perseverance of citizens in upholding the law.
• Their fight transitioned from personal grievance to a broader battle against corruption within institutional frameworks.

Current Status:

• Tomin Thachankary is appealing the trial court's verdict; further proceedings are pending in the Kerala High Court.
• His imprisonment raises questions about integrity in policing and the ability of individuals to challenge authority effectively.

Conclusion:

• This case not only sheds light on individual and systemic corruption but also underscores the critical role of citizens in holding public officials accountable, promoting justice, and reinforcing democratic principles in governance.