High Court questions former DGP's plea to work abroad after claiming illness in jail

According to an NDTV report, the Kerala High Court on Monday raised serious questions regarding an application filed by former state Director General of Police (DGP) Jacob Thomas for permission to work abroad. The court questioned the contradiction between his claims of illness while in jail and his current assertion of being fit to seek employment abroad. Previously, this former Kerala DGP was convicted in a disproportionate assets case and sentenced. Upon being sent to jail, he reported being ill, subsequently stayed in the prison hospital, and was later granted bail.

Justice A. Badharudeen remarked orally that when they go to jail, they have serious ailments, but after being released, they have no difficulty traveling to Saudi Arabia or America, and asked how this is possible. The judge stated that such claims might make people feel that courts cannot perceive this clear contradiction. The court asked why there are such contradictions when he claims to have multiple illnesses while in jail and now seeks permission to go abroad for work.

These observations came while the court was considering Thachankary's application seeking relaxation of the condition requiring prior permission before leaving India. The High Court had previously suspended his 4-year jail sentence in the disproportionate assets case on October 15 and granted him bail. The court had ordered him to deposit 75 percent of the ₹30.84 lakh fine and to be released on a bail bond of ₹5 lakh with two solvent sureties.

After receiving bail, Thachankary sought permission to travel to the United Arab Emirates (UAE), stating that it was necessary to resume his job as an operations manager with a jewelry group in Sharjah. He claimed that if he does not return, he could lose his job, and he is also a partner in a Dubai-based information technology consultancy.

Justice Badharudeen remarked orally how he could go abroad and work. Once they go to jail, they feel they have multiple illnesses and have to be admitted to the hospital, and after being released, they want to go abroad and work. This is a completely contradictory situation, and how can this be justified?

In this matter, the court has sought a report from the Jail Superintendent detailing Thachankary's hospital admissions during the approximately 4 weeks spent in custody. The report should clarify how many days he remained admitted to the jail hospital, for which illnesses he received treatment, and how many days he spent outside the hospital.

The court stated that this information is necessary to verify whether his application to travel abroad for employment, citing financial matters, is justified. The court also orally stated that people might feel that the judiciary is run by people who have no brains.

It is noteworthy that on September 17, the Kottayam Vigilance Court sentenced Thachankary to 4 years of rigorous imprisonment and a fine of ₹30.84 lakh for possessing assets disproportionate to his known sources of income. The High Court has not yet taken any decision on his application seeking permission to travel abroad.