Ice Cream parlour sex case: SIT questions another former Judge

Last Updated: Saturday, May 7, 2011 - 19:23

Kochi: A second retired Kerala High Court
judge was questioned in two days by the Special Investigation
Team probing the `Ice Cream Parlour` sex case on Saturday regarding
certain allegations against him in the matter.



Justice(retd) K Narayana Kurup, who was also former
acting Chief Justice of Madras High court, was quizzed by a
police team led by Thrissur Commissioner P Vijayan.



Yesterday, the SIT questioned Justice(retd) Thankappan
at his residence at nearby Chottanikara.



Justice Kurup said the team had also questioned his
son-in-law a month ago.



The SIT, led by ADGP Vinson M Paul, had earlier sent
notices to the two judges to appear before it for
interrogation following allegations by KA Rauf, a close
relative of IUML General Secretary PK Kunhalikutty, who is
allegedly involved in the case. Justice Kurup had sought three
weeks time to file a detailed reply before SIT.



Rauf had alleged that the two former judges had
delivered judgments favouring Kunhalikutty, a former minister.

Justice Thankappan last night denied that he was
`questioned` and said the officers had come to "collect
some information" in the case and he had told them what he
knew. He had maintained that police cannot question him
without taking the court`s permission even though he was a
retired high court judge.



The case relates to allegations that surfaced in late
1990s that an ice cream parlour in Kozhikode city was being
used as a cover to lure young women into prostitution.



Kunhalikutty quit as Industries Minister in the
Congress-led UDF Government in 2004 in the wake of the
allegations. He, however, did not figure as an accused in the
case.



Justice Kurup said to a news agency that the SIT team was in his
house for little more than an hour and they had come to
take his statement with regard to the allegations made against
him in the `Ice cream Parlour` case.

The present proceedings by SIT were "without
jurisdiction" and they were "acting at the behest of the state
government," Justice Kurup alleged.



The SIT team had not applied their mind independently
and that will reflect on the validity of the investigation, he
said adding they were "acting under dictation," he said.



"They asked me certain questions and I explained. I
stated that baseless allegations were cooked up by political
parties," he said.



Justice Kurup also said retired judgesare are entitled
to 100 per cent immunity from civil and criminal proceedings
under sect 3(1) of the Judges Protection Act, 1985.



He said a petition seeking CBI probe into the case had
come up before him. That plea was not allowed as it
was a `mere` sex scandal, he said, adding a former minister
was allegedly involved and that by itself is not sufficient to
order a CBI probe.



"Sex or sensational nature of the crime or the
involvement of high profile offenders is not a valid ground to
decide the question as to whether a case has to be inquired by
CBI," he said.



Meanwhile, Justice Kurup said to a news agency that the SIT team was
in his house for little more than an hour and they had come to
take his statement with regard to the allegations made against
him in the `Ice cream Parlour` case.



The present proceedings by SIT were "without jurisdiction"
and they were "acting at the behest of the state government,"
Justice Kurup alleged.



The SIT team had not applied their mind independently and
that will reflect on the validity of the investigation, he
said adding they were "acting under dictation."

"They asked me certain questions and I explained. I stated
that baseless allegations were cooked up by political
parties," he said.



The team had also questioned his son-in-law a month ago,
Justice Kurup said.



"As retired judges, we are entitled to 100 per cent
immunity from civil and criminal proceedings under sect 3(1)
of the Judges Protection Act, 1985."



Justice Kurup said a petition seeking CBI probe into the
case had come up before him. That plea was not allowed as it
was a `mere` sex scandal. A former minister was allegedly
involved and that by itself is not sufficient to order a CBI
probe, he said.



"Sex or sensational nature of the crime or the involvement
of high profile offenders is not a valid ground to decide the
question as to whether a case has to be enquired by CBI," he said.



PTI



First Published: Saturday, May 7, 2011 - 19:23

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