http://www.indianexpress.com/news/Court-stays-p...
Posted: Thursday , Dec 17, 2009 at 1800 hrs 
Kochi:
Court stays proceedings against accused in 'Love Jihad' case:
The Kerala High Court stayed further proceedings against two accused in a case
relating to 'Love Jihad', an organisation allegedly involved in converting
girls from other religions to Islam after enticing them to marry Muslim boys.
The two accused -- Shanshah and Sirajuddin, facing charges of forcing the girls
belonging to Hindu and Christian religions to convert to Islam -- had sought
quashing of the chargesheet against them in a lower court. 
Passing the order, Justice M Shashidharan Nambiar said the conduct of the
investigating officer shocked the judicial conscience. Under section 162 of
CrPC, no statement made by any person to the police officer in the course of
investigation is signed by the person making it. 
The action of the police officer "is a flagrant violation of mandatory
provisions of the code," the court said, adding it cannot be believed that
the police officer was ignorant of the provisions.
The court also directed the Assistant Commissioner of Cantonment police station,
Thiruvananthapuram, to file an affidavit by December 23 stating under what
circumstances statement of the two women victims (of Love Jihad) was recorded
under Section 161 of CrPC. [end of report]

My Comments

The Court took the decision on the basis of only the papers submitted before
it. The Kerala Police deliberately fumbled and submitted a frivolous report
before the Court so that the Jihadis might benefit. It is usual in Kerala for
tainted politicians to arrange filing of frivolous petitions demanding their prosecutions
and for the Courts to deny the demand. Investigations would then be stopped on
the plea that the Courts have objected to them.
The same procedure is done here also. The Police submitted frivolous reports so
that the Love Jihadis would go scot-free. In future, Kerala Police would refuse
to recognise parents' complaints of their daughters' being trapped and
kidnapped by Love Jihadis, citing this ruling. They might even book the parents
for trying to create communal disharmony, now. Money works with Kerala Police
and bureaucracy easier than in any other part of the country.