Thanks to the blog vivekajyoti.blogspot.com
Kerala courts find Marxist-police nexus in annihilating BJP leaders
By Jayapradeep V., February 06, 05
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 have 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 judgment said: “The venue for murder was preplanned and pre-designed and selected as in the classroom—a sacred place.”
The judgment further says: “The crime committed was not only shocking and heart-breaking but also jeopardized the society and the social order... On considering the exercising judicially the submission made by the learned public prosecutor and the learned defense 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 defense 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 judgment:
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.”
“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 judgments 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 organization, 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.
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