Kannur: A CPM candidate in the Payyannur municipal elections has been convicted and sentenced to 20 years in prison under three offences for hurling a bomb at a police team 12 years ago. He now faces automatic disqualification from office if he wins.

The Taliparamba Additional Sessions Court on Tuesday sentenced V K Nishad (35), the CPM’s candidate from Mattammal (division no 46), and his aide T C V Nandakumar (31) to 20 years of rigorous imprisonment and a fine of ₹2.5 lakh each. Since the sentences will run concurrently, both will effectively serve only 10 years in prison.

Under Section 8(3) of the Representation of the People Act, 1951, Nishad stands automatically disqualified, as the law bars anyone sentenced to more than two years’ imprisonment from holding elected office for the duration of the sentence plus six additional years after release.

Bomb attack linked to Ariyil Shukoor case
The case dates back to August 1, 2012, when the CPM called a statewide protest against the arrest of then CPM district secretary P Jayarajan in the Ariyil Shukoor murder case.

According to public prosecutor Adv U Rameshan, DYFI workers Nishad and Nandakumar, and A Mithun and K V Kripesh, arrived on two motorcycles in Payyannur, and hurled a country-made steel bomb at a police jeep. The team included sub-inspector  K P Ramakrishnan, Additional SI K Kuttiyambu, civil police officer Pramod, driver Nanukuttan, and KAP personnel Anoop and Jackson.

The bomb did not explode, he said. Police placed the bomb in a bucket and covered it with sand, said Adv Rameshan. “If the bomb had exploded, they would have been sentenced to life imprisonment,” he said.

The attack occurred while the police were returning after verifying reports that CPM workers had assaulted Youth Congress worker R Rupesh during the protest. Mithun and Kripesh were acquitted for lack of evidence. “They did not throw a bomb, and the police officers could not identify them in court,” said Adv Rameshan.

Additional Sessions Judge K N Prashanth considered the criminal antecedents of the accused while sentencing them, said the prosecutor. Nishad faces 17 cases, including one murder case; Nandakumar (A2) faces 14 cases, including two murder cases -- all political, the prosecutor said.

The convicts pleaded for leniency, saying they had ageing mothers, were engaged in social work, and one of them was contesting the local body election.

The court heard them and sentenced them to five years and slapped a fine of ₹1 lakh for attempt to murder section 307 of IPC; and another five years and ₹50,000 fine for possessing explosives under Section 5 of the Explosive Substances Act; and 10 years and a fine of Rs 1 lakh for attempt to cause explosion under Section 4 of the Explosive Substances Act.

“The sentences would concurrently, and so they will have to serve only 10 years in prison,” said Adv Rameshan.

Did CPM expect the verdict?
Despite the imminent judgment, Nishad’s nomination was not withdrawn before the deadline. The CPM, however, has a standby candidate for Ward 46 -- an indication the party anticipated a conviction and a long sentence.

Nishad is a DYFI district committee member and Payyannur block secretary.

Nishad’s conviction adds to a list of candidates in Kannur district contesting elections while facing major criminal charges.

The CPM has fielded an accused in the Ariyil Shukoor murder case as a candidate in Pattuvam grama panchayat. P P Sureshan, accused no 28, is contesting from Velichankeel, ward 14 of Pattuvam panchayat.

Ariyil Abdul Shukoor, a 21-year-old MSF activist, was killed on February 20, 2012, in Kannapuram -- allegedly in retaliation for waylaying the convoy of then CPM district secretary P Jayarajan and MLA T V Rajesh. The CBI chargesheet indicts both leaders for murder and conspiracy.

CPM leader Karayi Chandrashekaran, an accused in the 2006 murder case of NDF worker Muhammad Fazal, is contesting from Thalassery municipality.