Tribal Lynching Case: Family Seeks Replacement Of Prosecutor, Kerala High Court Stays Trial Court Proceedings

The Kerala High Court on Friday stayed until further orders, the trial in the murder of 27-year-old tribal youth Madhu, who was beaten to death by a mob at Kadukumanna hamlet in Attappadi in February 2018 allegedly for stealing rice from a grocery shop.

Justice Mary Joseph put the proceedings on hold and sought the response of the State on the matter to be informed within 10 days.

The stay came in a petition moved by Madhu's mother through Advocate Jeevesh PV seeking to keep in abeyance all the proceedings in the case till the State takes a decision on her plea to replace Special Public Prosecutor C Rajendran in the case. 

The trial has been going on at the Mannarkkad Special Court for Scheduled Castes and Scheduled Tribes. The plea for replacement of the Prosecutor was filed after two prosecution witnesses turned hostile during the trial, which has serious consequences on the outcome of the case. 

The family of the deceased had initially approached the Special Court with their request but this was declined. Accordingly, the petitioner had moved the High Court seeking the removal and replacement of the current Special Public Prosecutor with Additional Special Prosecutor Rajesh M. Menon.

The petitioner has alleged that the present Special Public Prosecutor was conducting the trial in an inefficient manner and violating the basic rules pertaining to the witness examination. It is also submitted that the investigation officer in the case had given a report to the district police chief regarding the lapses and foul play in conducting the trial, indicating dissatisfaction with the ongoing trial.

The police have submitted a 3,000-page charge sheet before the court. There are 122 witnesses in the case. All the 16 accused in the case are currently out on bail.

Case Title: Malli v. State of Kerala 

Citation: 2022 LiveLaw (Ker) 284