Victims Of Political Murder Are From Rank And File; Leaders Remain Safe And Secure: Kerala HC [Read Judgment]

Annihilation of political opponents has become an order of the day, ignoring the fact that divergent political ideologies are natural in a democratic polity with a multiparty system, said the Court.

“Victims (martyrs, as the parties may call them for political gain) of the spate of political murders are from the rank and file. Those who in the higher echelons masterminding and orchestrating these barbaric activities remain safe and secure. They celebrate martyr's days and shed crocodile tears”, remarked Kerala High Court while disposing a criminal appeal which emanated from a political murder case in Kannur.

“Recurring overt acts by members of certain political parties at some parts of the State, especially in some northern districts, eloquently disseminate a message that human lives are less worthier than a political ideology. Annihilation of political opponents has become an order of the day, ignoring the fact that divergent political ideologies are natural in a democratic polity with a multiparty system. Besides, the proponents of the philosophy forget the reality that an ideology, worth its name, should exist for the upliftment, welfare and wellbeing of mankind. Political killings by using arms and explosives are acts of barbarity. This case unfolds yet another doleful story of a political savagery”.

The Bench comprising of Justice PR Ramachandra Menon and Justice A. Hariprasad set aside a Trial Court judgment which had convicted the accused. The High Court attributed its acquittal to “Unskilled investigation and Faulty prosecution.”

Coming down heavily on the Trial Court Judge, who had found the accused guilty by referring to the case diary statements of the witnesses, which were either deviated from or not proved at the trial, the Court said that such an action on the part of the Sessions Judge is the height of illegality possible in a criminal trial. The Court observed that, instead of resorting to such illegality, the Trial court judge could have invoked the provisions in Section 311 CrPC. to summon any person as a witness at any stage of enquiry, trial or other proceedings under CrPC. though not summoned as a witness. “We express deep anguish for the lack of legalistic and justice oriented approach on the part of a senior judicial officer in the subordinate judiciary”

The case pertains to a brutal murder in Kannur, of a CPI (M) worker allegedly by BJP-RSS members. Justice Hariprasad, who authored the Judgment, starts it by observing that recurring overt acts by members of certain political parties at some parts of the State, especially in some northern districts, eloquently disseminate a message that human lives are less worthy than a political ideology. “Political killings by using arms and explosives are acts of barbarity”, the bench said.

Read the Judgment here.