Kerala High Court Overturns Conviction in 2008 Political Murder Case
In a significant ruling, the Kerala High Court has acquitted nine workers of the National Democratic Front (NDF) who were previously sentenced to life imprisonment for the alleged murder of CPM branch secretary Dileepan in 2008. The court cited serious lapses and a faulty investigation by the police as key reasons for overturning the conviction.
Details of the Case and the Acquittal
The bench of Justices A K Jayasankaran Nambiar and Jobin Sebastian passed the order while allowing the appeals filed by the convicts: P K Latheef, U K Siddique, U K Faisal, V K Unais, P P Faisal, V Muhammed Basheer, Thanalot Yakoob, P K Muhammed Farook, and Paneri Abdul Gafoor. These individuals had been convicted and sentenced by the Thalassery sessions court, prompting them to move the High Court.
The prosecution case alleged that the appellants, along with seven other accused, murdered Dileepan on August 24, 2008, in retaliation for the killing of an NDF worker, Sainudeen. This incident was reportedly part of a long-standing political rivalry between the NDF and CPM. Of the 16 accused who stood trial, the sessions court acquitted seven and convicted the remaining nine.
Court's Observations on Investigation Lapses
During the hearing, the High Court bench noted serious lapses in the police investigation. It observed that the prosecution case heavily relied on the testimonies of two witnesses who were themselves CPM workers. The court raised serious doubts about their presence at the crime scene and pointed out that, apart from the attestors to the recovery mahazar, all other material witnesses examined by the prosecution were politically aligned with the CPM.
The appellants had contended that their names were supplied by CPM leaders due to political rivalry and were mechanically incorporated into the FIR without proper verification. Taking note of these arguments, the High Court observed that the absence of independent witnesses, coupled with the political affiliation of all prosecution witnesses with the deceased, gave rise to a reasonable apprehension that the investigation lacked fairness.
Emphasis on Unimpeachable Evidence in Political Cases
Emphasizing that in cases arising from political rivalry, the possibility of false implication cannot be ruled out, the High Court held that the prosecution evidence must be of unimpeachable quality. Finding no convincing or trustworthy evidence to establish the guilt of the accused beyond a reasonable doubt, the court acquitted all nine appellants and allowed their appeals.
This ruling underscores the importance of fair and impartial investigations, especially in politically charged cases, to ensure justice is served without bias or procedural errors.
