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Thursday, May 15, 2008
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Supreme Court fiat to State government

J. Venkatesan

State told to furnish details of political murders
No order on plea to stay High Court judgment

New Delhi: The Supreme Court on Wednesday directed the Kerala government to furnish to the Kerala High Court details such as how many political murders had taken place in Thalassery in the last one year, in how many cases charge sheets had been filed and the stage of trial in these cases.

A three-judge Bench of Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice M.K. Sharma gave the direction on a special leave petition filed by the State of Kerala against a direction issued by the High Court on April 2 in a bail plea in a murder case. Though the State pressed for a stay on the impugned judgment and the observations, the Bench did not pass any order in this regard.

The Bench, in its brief order, said, “Notice. Meanwhile, the petitioner State shall furnish to the High Court particulars as to how many political murders have taken place in the Thalassery division in the last one year, in how many cases the final report has been filed and in how many cases investigation is going on, with details including dates, parties involved, etc., as sought by the High Court as also the stages of all session trials where trials have commenced. Such particulars shall be furnished within two months from today.”

The High Court had directed the State to file a statement in 45 days with all details of the investigations and prosecutions in respect of the sessions offences between CPI (M) and the BJP/RSS and other feeder/youth/student organisations in the sessions division of Thalassary. It observed that if the response of the State was not adequate, the court would consider entrusting the probe to the Central Bureau of Investigation.

Appearing for the State, senior counsel P.P. Rao argued that the directions and observations of the High Court were beyond its jurisdiction. He said the apex courthad said courts should not make such unjustifiable observations and issue directions. He said the court should set aside these observations and issue an interim stay of the directions.

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