Author: Jayapradeep V.
Publication: Organiser
Date: February 6, 2005
URL: http://www.organiser.org/dynamic/modules.php?name=Content&pa=showpage&pid=63&page=13
The pre-planned cold-blooded unusual
brutality by the hardcore Marxist goons against the BJP leaders in Kerala
has been vindicated by two court judgments. What is more frightening is
that the police has been providing a protective shield to the culprits
of such heinous acts.
In the case of Jayakrishnan, vice-president
of Janata Yuva Morcha, Kerala, in 1999, who was butchered with axe, sword
and knife by the Marxist activists at East UP School, Mokeri in northern
Kerala on December 1, the learned district judge Shri K.K. Chandradas in
his 122-page judgement said: "The venue for murder was preplanned and pre-designed
and selected as in the classroom-a sacred place."
The judgement further says: "The
crime committed was not only shocking and heart-breaking but also jeopardised
the society and the social order... On considering the exercising judicially
the submission made by the learned public prosecutor and the learned defence
counsel I find that the convicted persons are menace to the society and
they are unfit to live as members in the society. The murder committed
here in most cruel manner and in an aggravating circumstances, which was
heinous and dastardly, extremely brutal, grotesque, diabolical manner so
as to arouse intense and extreme indignation of the community and the offenders
are so hardened and blood thirsty, they really created traumatic threat
to the survival of the social order and they become the deserving candidates
of death sentence and by these special reasons it comes under the category
of the rarest of the rare cases requiring the maximum penalty under law-and
in this circumstances of the case, a death sentence is warranted for the
offence of murder and there is no alternative but to award death sentence
in this case and I do so."
While delivering the sentence, mentioning
about the 'big comrades' who masterminded the whole episode, the Judge
declared: ".I am constrained to opine that the entire process of investigation
carried out in this case do not bear any ring of bona fides and fairness."
He adds: "The every act and attempt
of the investigating officer was to render help for the prepared and preplanned
defence set-up in this case. I find complete dissatisfaction with such
an investigation agency and for the purpose of discussion I find that some
unidentified miscreants are responsible for the alleged act against PWS."
The learned Thalassery Sessions
Judge, after finding the real hand in glove with the then ruling CPM-led
government and the culprits, says, "...about the investigation, the copy
of the judgment has to be forwarded to the Chief Secretary to the Government
of Kerala through the Registrar, Hon'ble High Court of Kerala, for proper
and stringent action against investigation officers PW29, the then Circle
Inspector of Police, Panoor, Shri V. Devarajan, PW30, the Investigation
Officer, the then Asst. Commissioner of Police, City Traffic, Kozhikode,
Shri T. Rama Raj, the then Superintendent of Police CB CID SIG-III, Kozhikode,
Shri M.P. Somasundaran and the concerned higher police officials who had
supervised and controlled such an illegal, defective, shabby, unfair, tainted
and biased investigation in the case and also for the gross negligence
and dereliction of their official act and duties."
In the case of another political
murder, in which the then BJP district secretary Shri Panniyannur Chandran
was murdered by the Marxist activists again using the sword, axe and knife
at the same place under the same police station-Panoor Police Station-on
May 25, 1996, the learned District Judge Thomas P. Joseph vividly observed
the following findings in his judgement:
"1. The murder was the result of
the deep conspiracy, pre-planned and executed.
2. The decision to kill the deceased,
who is a functionary of a political party (BJP) at the district level,
was taken by his political adversaries much before and it was even publicly
announced, even in the Peace Committee Meetings as revealed from the evidence.
3. Congenial circumstances were
arranged in advance to execute the decision to murder the deceased.
4. The convicted accused ignored
whatever security the district police had arranged to save the life of
the deceased and dared to select the place for the execution of murder
under the nose of the police picket and within short distance from the
policemen on beat duty which revealed the brute power of the convicted
accused and the conspirators and their determination to commit murder,
even challenging the rule of law and the law and order maintenance system.
This indicated the utter disregard of these convicted accused for human
life, values and even the rule of law. The murder was committed with intend
to create tremor in the community."
Rapping on the knuckle of the local
police, the judgment said: "...while discussing the evidence of PWs 16
(Circle Inspector of Police) and 17 (Crime Branch Detective Inspector)
that the investigation conducted by them was not proper. I also stated
about the commissions and omissions on the part of PW17, the Detective
Inspector of the Crime Branch and that his attempt was to save the conspirators
behind the heinous crime. While going through the evidence, I found shocking
information, which is required to be mentioned. The public prosecutor submitted
that the pre-planned murder was carried out within a week of LDF Ministry
coming to power in Kerala (Notification No. 39150/POL.2/95 GAD dt. 20-5-1996,
which I take judicial notice, is that the Ministry headed by the late Shri
E.K. Nayanar assumed office in the A.N. of 20.5.1996). It is revealed from
the evidence that on 20-5-1996, CI Panoor went on long, medical leave,
the SI Panoor was transferred on 21-5-1996 and since 21.5.1996 onwards,
ASI Shri Balan (whom, even PW16 described as the blue-eyed man of CPI(M)
leaders and related closely to a CPI(M) leader of Kuthuparamba) assumed
charge of Panoor Police Station. The village beat duty being continuously
provided near the house of the deceased from 3-5-1996 onwards was withdrawn
on 24-5-1996 and 25-5-1996 and the incident occurred on 25-5-1996. There
was no proper explanation why that security measure was withdrawn. The
incident happened under the nose of the police picket post providing/giving
security to the deceased. Ext. D10 (general diary entry of the police)
revealed that attempt was made by the ASI Shri Balan to manipulate the
entries to cast doubt on police constable No. 3641 producing Exts. P1 and
P9 to P11 in court in the morning of 26-5-1996."
"It was worth investigating how
the accused and the conspirators behind, learnt about the withdrawal of
the village beat duty on 24-5-1996 and 25-5-1996. The nexus between the
conspirators and some of the police officials is to be investigated. Even
the circumstance under which the case was transferred to the Crime Branch,
Kannur, is suspicious," the judgment said.
The above judgements should have
been proved to be an eye-opening judicial blow to those in governance,
but the state Congress government turned a deaf ear to both the verdicts
and has taken no action upon the recommendations of the courts till now.
Here it is worth mentioning that in the first case the verdict was delivered
on August 26, 2003, and in the second case on the 10th day of 2004.
But a ray of hope arose when Vigil
Human Rights Movements, a cultural organisation, approached the High Court
of Kerala to direct the state government to implement the directions and
observations in the above two judgments. Shri P.S. Sreedharan Pillai, a
notable lawyer in the High Court of Kerala and state BJP president, brought
the matter before the Court. On the date of admission itself, the High
Court admitted the matter and issued notice to the state of Kerala and
the police.
(The writer is an Advocate, High
Court of Kerala.)
