Kerala   

Conduct unbiased probes: High Court

Kochi: The Kerala High Court on Wednesday directed the State government to file an exhaustive statement containing the details of investigations and prosecutions in respect of the political murders in Thalassery.

Justice R. Basant also directed the government to furnish the details of the steps taken to ensure a free, fair and impartial investigation and for “speedy and effective culmination of all such investigations.”

The court issued the directive while dismissing a bail petition filed by Nithi Mohan and two other Rashtriya Swayamsevak Sangh (RSS) activists in a case relating to the murder of Communist Party of India (Marxist) activist M.K. Sudheer Kumar on November 5, 2007.

Directing the government to file the statement within 45 days, the court observed that this was yet another case of political violence in Kannur district between activists of the CPI (M) and the BJP/RSS.

Counsel for the accused submitted that the police and the system were acting unfairly and in a partisan manner. The State machinery was not keen on prosecuting them. As there was no immediate prospect of the trial being completed, counsel urged the court to grant the petitioners regular bail.

The court observed that the system and the judicial institution could not avoid the blame for the unfortunate state of affairs in Kannur district. Immediate punishment and not the severity of punishment was the “best insurance for a crime-free society.” The judge added: “Biased investigators, partisan attitude of the investigators dancing to the tunes of the political masters and the consequent dissatisfaction in the public mind is an important reason for such a climate of violence.”

The court observed that the State must think of constituting an unbiased special investigation team of efficient persons with no disturbance to their continuance to the post before they completed the mission.

The State must also think of constituting adequate special courts to expeditiously dispose of all cases and also employing adequate unbiased forces to prevent recurrence of such crimes.

The court said that if the response of the State was not adequate, the court would have to consider ordering CBI [Central Bureau of Investigation] probe in all cases as also specific directions for constituting special courts. The court would also consider issuing directions for employing unbiased police force to prevent recurrence of such crime. If the court felt it was beyond the scope of this bail application and would necessitate initiation of suo motu proceedings by public interest litigation, appropriate direction shall be issued. “The extraordinary situations may call for unique responses… Judicial institution has to act with sobriety and equanimity but with firmness and dexterity of purpose. The madness and barbarity in Thalassery must be put an end to,” the court observed.

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