Author: T K Devasia
Publication: The Observer
of Business and Politics
Date: September 8, 2000
The Kerala government
has decided to transfer the Vithura sex scandal case to the special court
set up by it, in Kottayam, to try the sensational Suryanelli case.
According to sources,
the government has initiated steps for transferring the case from the Ernakulam
Magistrate's Court to special court headed by justice Sasidharan Nambiar,
in the light of the speedy trial of the Suryanelli case.
The special court judge
on Wednesday had awarded rigorous imprisonment ranging from four years
to 13 years, to 35 of the 39 accused besides imposing heavy fines ranging
from Rs 10,000 to Rs 20,000 for compensating the victim girl.
Legal circles pointed
out that the trial in the Suryanelli could not have been completed so fast
if the special court was not set up. If the case was left to the
ordinary courts, the trial had to be held in diverse places like Idukki,
Kottayam, Palakkad, Kozhikode, Thiruvananthapuram, Maduri and Kanyakumari
since the girl was taken to these places by the accused.
A conspiracy case made
out by the investigating team made possible the appointment of a special
judge for conducting the trial. The Vithura case is also similar
in nature.
As in the case of the
Suryanelli girl, the Vithura victim was also a minor one, who was raped
by more than 40 persons for several days together after she was lured by
a woman in her neighbourhood.
A prominent figure figuring
in the case is noted Malayalam comedian Jagati Sreekumar. The speedy
trial of the Suryanelli case by the special court has led to a clamour
from women activists for the trial of all major sex cases in the special
court.
Women's organisations
fighting against sexual exploitation of women have stepped up campaign
for the trial of the Kozhikode sex scandal also, in the special court.
Ms K Ajitha, president
of 'Anweshi', a women's organisation that exposed the Kozhikode sex scandal,
told The Observer of Business and Politics that they would demand the trial
of the case in the special court after the disposal of the case pending
before the High Court and the Supreme Court.
The 'Anweshi' had filed
the case in the High Court for inclusion of senior Indian Union Muslim
League (IUML) leader and former Kerala industry minister P K Kunhalikutty
in the case. The case in the Supreme Court is for a Central Bureau
of Investigation (CBI) inquiry into the case.
'Ajitha' said that the
local police had failed to file a charge sheet against Mr Kunhalikutty
despite finding his involvement in the sex racket, centering around an
ice cream parlour in Kozhikode because of his political connections.
"People with high political
connections are never punished," she added.
'Ajitha' said that though
the women activists were happy about the punishment of 35 persons in the
Suryanelli case, they were concerned about the people with high political
connections escaping the arm of law. She alleged that former Union
minister P J Kurien's name was not included in the charge sheet after he
had been given a clean chit by a special investigation ordered by the government
prior to the 1996-Lok Sabha elections.
A court in Peermade had
found prima facie case against him on a private complaint filed by the
victim subsequently and had ordered filling a charge sheet against him.
The Supreme Court has stayed the judgement. Many women activists
have hailed the Suryanelli case judgement as a landmark verdict that would
deter the men from indulging in sexual crimes. Though the judge slapped
jail terms and fines on all the 35 convicted, the case is far from over.
Originally there were 42 accused, but two were absconding at the time of
pronouncing the verdict, and one of the accused passed away before the
case was concluded. Of the remaining 39, all except four were found
to be guilty by the special court. The case against the two absconding
are pending before the Court. The case against Mr Kurien might also
come up in the special court if the SC clears the charge sheet.
