Walayar sisters’ death: Kerala HC restrains CBI from arresting parents

The Kerala High Court on Wednesday passed an order restraining the Central Bureau of Investigation (CBI) from taking any coercive steps, including arrest, against the parents of two Dalit girls, who were allegedly raped and murdered in Walayar in 2017.

A single bench of Justice C Jayachandran passed the interim order on two petitions filed by the parents challenging the charge sheet filed by the CBI arraigning them as accused in the case for allegedly abetting the rape on the children. The court also dispensed with the appearance of the parents before the CBI Special Court, Ernakulam, in connection with the case till the final hearing of the petitions.

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The Walayar case refers to the deaths of two Dalit sisters, aged 9 and 13, who were found hanging at their home within a span of 3 months in 2017. Autopsy reports confirmed sexual assault, with the younger girl’s report indicating possible homicidal hanging.

After a trial court under the Protection of Children from Sexual Offences Act (POCSO Act) acquitted all the accused in 2019 due to lack of evidence, the High Court ordered a retrial and transferred the case to the CBI.

The initial charge sheet submitted by the CBI was quashed by the POCSO Court, Palakkad, on the mother’s plea and the Court directed CBI to further investigate the matter. In January 2025, the CBI submitted a fresh charge sheet before the CBI Court, Ernakulam.

The CBI’s charge sheet named the parents as accused, alleging that they had aided the sexual assault on their daughters. The charge sheet also accused the parents of destroying evidence by burning their daughters’ clothes and school bags.

The CBI charged the parents under various provisions of the POCSO Act, Juvenile Justice Act and the Indian Penal Code, which deal with abetment of rape and unnatural offences, cruelty to children and destruction of evidence. The parents then approached the High Court alleging that the CBI’s investigation was biased and conducted with ‘extraneous considerations’ to shield the actual perpetrators.