HC: Complete probe without any delay

Kochi: The high court has directed the investigating officer in the case related to the circulation of a WhatsApp post allegedly referring to the LDF's Vadakara candidate in the recent Lok Sabha elections as a ‘kafir', to complete the investigation without any undue delay and also by obtaining the forensic report at the earliest.
Justice Bechu Kurian Thomas issued the directive while closing a plea by MSF leader P K Muhammed Khasim who sought a court-monitored probe into the case.Khasim claimed that a fake screenshot in his name, created just hours before the election, and the subsequent politically charged social media campaign, were part of a larger criminal conspiracy. Although he initially approached the Vadakara police with a complaint, a case was registered only after another petition was filed.
On Monday, the bench noted that the probe had not revealed any evidence suggesting that Khasim created, posted, or circulated the alleged post. The cyber cell, after verifying his mobile phone, could not find any such post originating from it. However, police stated that they have yet to identify the source of the alleged post and that a scientific investigation is going on. The police incorporated the offences under Sections 468 (forgery) and 471 (fraudulently or dishonestly using a forged document as genuine) into the FIR only after the petitioner raised the issue in court.
Khasim's counsel submitted that since Khasim's name was not shown as a complainant in the FIR, he might be prejudiced in future. The bench acknowledged that this grievance appeared reasonable. However, since he was a victim of the crime due to the fabricated post, the bench asserted that he would still be entitled to the rights of a victim.
Additionally, Khasim argued that although Section 153A (promoting enmity between different groups on grounds of religion, race, etc) was evident from his petition, this offence had not been added to the FIR.
The bench responded that any person can file a complaint which triggers an investigation. While the complaint might indicate elements of Section 153A, it is up to the investigating officer to decide whether to include that offence in the FIR. Since Khasim's grievances were largely addressed, the bench closed the petition.