The court also told Kattakada Christian College Principal GJ Shyju and SFI leader A Vishak to surrender by 4 July.
The Christian College at Kattakkada where the impersonation drama was held. (Supplied)
The sensational impersonation case involving a college principal in Kerala’s capital Thiruvananthapuram and a prominent leader of the Students’ Federation of India (SFI) — the student wing of the state’s ruling CPI(M) — entered a crucial phase on Friday, 30 June, with the Kerala High Court rejecting their anticipatory bail pleas.
Justice Bechu Kurian Thomas dismissed the pleas of GJ Shyju, the suspended principal of the Christian College at Kattakada in Thiruvananthapuram, and SFI leader A Vishak.
He also ordered the two to surrender before the investigating officer of the case on or before 4 July and submit to interrogation.
The court has also directed the investigating officials to follow all the procedures in accordance with the law after the surrender of the duo.
Anakha who was removed from post of UUC at Kattakkada college. Photo: Supplied
As per the criminal case registered by the Kaattakkada police, the principal is accused of illegally substituting one of the elected university union councillors with Vishak in the list despatched to Kerala University.
In the sensational case, in which the SFI lost face, the principal is accused of acting as per the directive of Vishak, who had not even contested the election held for the post of university union councillor.
The principal — incidentally a leader of the teachers’ union affiliated with the opposition Congress — is facing charges of impersonation, falsification of documents, and misrepresentation, as is the SFI leader.
The judge opined that the allegations in the case were serious, and directed the respondents to cooperate with the investigation.
The police invoked non-bailable charges under Sections 409 (criminal breach of trust by a public servant, banker, merchant, or agent), 420 (cheating and dishonestly inducing delivery of property), and 468 (Forgery for purposes of cheating) of the IPC on both the accused.
They are also charged under Sections 409 (criminal breach of trust), 419 (impersonation), 420 (cheating), and 465 (forgery) of the IPC.
Visakh, the SFI leader, who reportedly tried to take a short-cut. (Supplied)
Soon after the judge pronounced the order, counsel for the suspended principal submitted that Shyju needed permission to surrender before the investigation on 4 July as he had to write a scheduled examination on 3 July, when he was asked to appear before the investigation officer.
The judge then directed both the accused to surrender before the investigation officer on 4 July.
Vishak’s counsel told the court that the 20-year-old BSc Physics student was arraigned as the second accused in the case by the police without conducting any proper investigation.
The student leader submitted that no elections were conducted in the college, and five candidates were chosen unanimously as student union office bearers.
Since one of the candidates later developed medical problems, she voluntarily resigned, and a vacancy arose, he said.
The principal forwarded the petitioner’s name as one of the representatives to the university union based on consensus, he said, adding that he was not privy to the principal’s actions.
However, the prosecution argued that a students’ union election was held in the college on 5 December, 2022, and SFI activists Anakha AS and Aromal VL were unanimously elected to the posts of university union councillors.
Dr G J Shyju, principal of the college. (Supplied)
When the proforma for furnishing details of the university union councillors elected from the college was submitted to Kerala University, it showed the name of Visakh as the councillor elected from the college, in place of Anakha.
The police action against the principal and the SFI leader was taken on a complaint lodged by the registrar of the university.
Rejecting the bail plea, the court said the college principal was not entitled by law to nominate a person to the post of a university union representative, even if it falls vacant by resignation or otherwise.
“Dishonest and fraudulent conduct is prima facie evident on the part of the accused… The reasons and how the name of the second accused (Visakh) was incorporated as the elected candidate and the surrounding circumstances are required to be brought out during the investigation,” the court said in its order.
The court also noted that Visakh had prima facie affixed his signature and supplied his photographs to be affixed on the proforma, thereby aiding the creation of a false document.
(With PTI inputs)
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