Judicial Scrutiny Over Travel Pleas

KOCHI — The Kerala High Court has strongly questioned the legal standing of former state Director General of Police (DGP) Tomin J Thachankary's request to travel abroad for employment, pointing to an apparent contradiction between the severe illnesses he reported while incarcerated and his current assertion that he is fit to take up jobs overseas.

Justice A. Badharudeen, presiding over the matter, orally observed that the stark shift in the petitioner's medical condition raises serious questions about judicial consistency in the eyes of the public.

"When he goes to jail, he has serious illnesses. Once released, he has no difficulty travelling to Saudi Arabia or America. How can this be?" Justice Badharudeen remarked during the proceedings. The court further noted that such conflicting positions risk undermining public confidence in the administration of justice.

Background of the Case

The judicial observations came while the bench was evaluating an application filed by Thachankary seeking a relaxation of bail conditions. Currently, his bail terms bar him from leaving India without explicit prior permission from the court.

Previously, on October 15, the High Court had suspended a four-year prison sentence handed down to Thachankary in a disproportionate assets case, granting him conditional bail. The terms required him to deposit 75 percent of a Rs 30.84 lakh fine and furnish a Rs 5 lakh bond alongside two solvent sureties.

Following his release, Thachankary moved the court for permission to travel to the United Arab Emirates. He argued that he needed to resume his professional responsibilities as an operations manager for a Sharjah-based jewellery group, warning that failure to return could cost him his position. He also cited his status as a partner in a Dubai-headquartered information technology consultancy.

Call for Jail Medical Records

To thoroughly evaluate the authenticity of his financial and employment claims, the High Court has demanded a comprehensive report from the Jail Superintendent detailing Thachankary's medical history during his nearly four-week custody.

The mandated report is expected to outline the exact number of days the former top cop spent admitted to the jail hospital, the specific medical conditions treated, and the duration he remained outside medical confinement.

The High Court has underscored that this documentation is vital to determine whether the request to leave the country on financial grounds is genuine or a calculated maneuver. A final decision on the travel application remains pending as the court awaits the official prison medical records.