Nava Kerala Sadas SIT counters claims of Pinarayi's gunmen, says there was no threat to CM

Thiruvananthapuram: Dismantling the very premise on which the accused police personnel in the Nava Kerala Sadas assault case are building their defence, the Special Investigation Team (SIT) probing the case stated that there was no immediate threat or danger to the Chief Minister, nor was there any stone pelting at the bus in which he was travelling. 

In a counter to the bail plea of the accused, the SIT also stated that it had come across material indicating framing of incorrect records, suppression of material facts, removal and substitution of records, and preparation of records allegedly intended to save the accused from punishment. 

"The role of the accused persons, previous investigating officers, supervisory officers and other persons connected with the earlier investigation is also being examined," the SIT said in court, asserting that the contentions raised by the accused in the bail application were 'factually incorrect, misleading, and contrary to evidence' collected during the investigation.

"The accused have attempted to justify their actions by alleging that the protestors had attacked the Nava Kerala Sadas bus carrying the Chief Minister and other ministers and had pelted objects at the vehicle, thereby creating an imminent security threat. The said allegation is demonstrably false. The visual records seized during investigation and subjected to detailed scrutiny by the SIT do not reveal any act of pelting of stones, objects, or any other material towards the KSRTC bus by the protestors. The visuals clearly show that the protestors merely approached the bus while shouting slogans and that they were not carrying any weapons, stones, sticks, or other objects," the bail plea counter filed by the SIT stated.

Pointing out that the statement of Abhilash, the driver of the specially designed KSRTC bus specifically confirmed that no pelting of stones or objects occurred, the SIT said the log book, log sheet, and official records of the KSRTC bus seized during investigation also do not disclose any damage to the vehicle. The statement of the Mechanical Engineer of KSRTC and the official records examined by the SIT also do not reveal any report regarding damage.

"Thus, the defence projected by the accused that their actions were necessitated by an attack on the bus is not supported by any contemporaneous record, official document, witness statement, or visual evidence collected during the investigation. Investigation has further revealed that the protestors were successfully restrained and taken into custody by the local police officers who were on duty at the scene. The visual evidence clearly establishes that the bus carrying the Chief Minister did not stop at the scene and continued its movement without any obstruction, hindrance, or interruption. By the time the accused got down from their escort vehicle and allegedly assaulted the protestors, the bus carrying the Chief Minister had already moved ahead from the location... The material collected during investigation therefore prima facie establish that the alleged assault took place after the Chief Minister’s vehicle had safely passed the area and when there was no immediate threat, obstruction, or hindrance whatsoever to the movement of the Chief Minister," it said. 

The SIT also countered the claim of the accused that it was furthering a political agenda. 

"The contention raised by the accused that the prosecution is politically motivated, actuated by ulterior motives, or intended for harassment is wholly false and untenable. The present investigation is being conducted strictly pursuant to the orders of the court directing further investigation... Every step taken by the SIT is based upon oral, documentary, electronic, scientific, and medical evidence collected during investigation and not on any political consideration," it stated. 

The SIT also reveals that material collected during investigation revealed circumstances indicating manipulation and suppression of evidence during the earlier investigation. 

"Statements recorded during the previous investigation were found to be inconsistent with the visual evidence and other contemporaneous material. The SIT is presently examining the circumstances under which such inconsistencies arose and whether any records were created, altered, or incorporated into the case records with the intention of screening the accused persons from legal consequences. The SIT is also examining whether original records, witness statements, CDs, and electronic materials were suppressed, substituted, removed, or otherwise manipulated. The role of the previous investigating officers, supervisory officers, and other persons involved in the conduct of the earlier investigation and the filing of the refer report is also under active investigation. Former ivestigating officers and other officials are being interrogated to ascertain their role, if any, in the conduct of the earlier investigation and the filing of what appears to be a perfunctory and incorrect refer report before the Court," it added.