The Kerala High Court on Wednesday vacated its interim order staying the trial of the controversial Abdul Shukkoor murder case in which CPI(M) Kannur district secretary P. Jayarajan and T.V. Rajesh, MLA, are arraigned as accused.
Justice B. Kemal Pasha lifted the stay when a petition filed by Mr. Jayarajan and Rajesh seeking to quash the final report against them in the case came up for hearing.
Abdul Shukkoor, an activist of the Indian Union Muslim League (IUML), was murdered allegedly by CPI(M) activists at Keezhara in Kannur in February 2012.
The charge against the two CPI(M) leaders was that they had overheard the instruction given by certain CPI(M) leaders to tackle Shukkoor, when the leaders were admitted to a hospital following the attack on them by IUML sympathisers. Though they had overheard the conversation, they had not taken any action to prevent the crime, the CBI alleged.
The accused CPI(M) leaders pointed out in their petition that the final report filed before the Thalassery Sessions Court against the petitioners was an abuse of process of law. The report did not make out an offence changed under Section 118 of the Indian Penal Code (concealing designs to commit offence punishable with death or imprisonment for life) against them.
The petitioners submitted that except for the deposition of two witnesses, there was no other material on record to initiate proceedings against them. The petitioners further contended that the statements, even if accepted in toto and converted into legal and admissible evidence, would not disclose any offence.
According to them, a large number of party workers, leaders of various other parties, relatives, friends of the petitioners, media persons, leaders of religion and religious organisations dashed to the hospital to see the petitioners.
Police officers were also present in the hospital to record the statement of the injured persons, including the petitioners. The petitioners could not even take proper rest because of the visit of many persons. In such circumstances, it was absolutely not possible for the petitioners to overhear the conversion of any of the persons gathered in and around the hospital room as alleged.
They said the petitioners were listed as accused with the knowledge and connivance of the Chief Minister and Home Minister. They were charged with the offence with a malicious intention to weaken the CPI(M) in Kannur district and also to please IUML leaders.
Jayarajan and Rajesh seek to quash final report filed against them in Thalassery court
They say there is no material evidence on record to proceed against them
