Kerala High Court Upholds Conviction in 1995 Political Murder Case
The Kerala High Court has firmly dismissed a petition filed by two convicts, Rafi and Riaz alias Johny, both hailing from Thiruvananthapuram, seeking suspension of their life sentences and grant of bail. This case pertains to the brutal murder of DYFI activist A M Sakeer, which occurred on the very day he was elected as the student union chairman of Government Law College, Thiruvananthapuram, back in January 1995.
Court's Observations and Legal Reasoning
A division bench comprising Justices A K Jayasankaran Nambiar and Jobin Sebastian delivered the ruling, emphasizing that a thorough review of the trial court's judgment reveals no errors in its findings. The bench explicitly stated that since the appellants have been convicted by the trial court, the presumption of innocence is no longer applicable to them. This legal principle underscores the seriousness of their conviction and the court's commitment to upholding judicial decisions.
Upon careful perusal of the trial court judgment and all related materials on record, the High Court noted that the evidence prima facie indicates sufficient grounds to support the charges against the accused. This assessment reinforced the dismissal of the bail petition, though it is important to highlight that the appeals against their conviction remain pending before the court for further consideration.
Background of the 1995 Murder Case
According to the prosecution, the murder took place under tragic circumstances. On January 16, 1995, at midnight, Sakeer was attacked and killed at his residence by a group of approximately 30 assailants. These individuals were allegedly members of the PDP, and the assault was driven by intense political rivalry. In a horrifying turn of events, Sakeer's father, Rasheed, was also severely assaulted during the incident, adding to the gravity of the crime.
The legal proceedings have spanned decades, reflecting the complexity and severity of the case. In 2003, a fast-track court in Thiruvananthapuram convicted and sentenced ten accused individuals to rigorous life imprisonment, imposing a fine of Rs 30,000 on each. Among them, Rafi, identified as the eighth accused, and Riaz, the tenth accused, had absconded after the incident but were later apprehended by the police.
In 2025, the additional sessions court further convicted and sentenced Rafi and Riaz to rigorous imprisonment for life, along with fines. Challenging this conviction and sentence, they approached the High Court by filing an appeal accompanied by a petition for bail and sentence suspension. However, the High Court's recent dismissal underscores the strength of the evidence and the judicial process in this long-standing case.
Key Points of the Ruling:- The High Court dismissed the bail petition, citing no errors in the trial court's judgment.
- The presumption of innocence is no longer available to the convicted appellants.
- Evidence prima facie supports the charges against the accused.
- The appeals against conviction remain pending, indicating ongoing legal scrutiny.
This ruling highlights the judiciary's firm stance on serious crimes, particularly those involving political violence, and serves as a reminder of the enduring pursuit of justice in high-profile murder cases.
