Kerala HC flags concerns over trial court verdict in Muthanga case, seeks charges

After the Kalpetta Principal Sessions Court convicted four men in the 2003 Muthanga land struggle case on July 31, the Kerala High Court on Thursday observed that the judgment would require 'thorough scrutiny'.

Justice A Badharudeen, while hearing appeals filed by the four convicts against the Sessions Court verdict, orally expressed concern over the manner in which the trial court had recorded its findings.

The appellants argued that the trial court had held the finding of criminal conspiracy to be only prima facie, rendering the conviction legally unsustainable as it was based on that finding.

Expressing concern over the wording used in the judgment, the High Court orally observed:
"The judgment needs to be scrutinised because in the judgment, the Judge had found on the evidence that it is prima facie... that is a wrong finding... that should not have been found so... it should have been a conclusive finding... this judgment should be subjected to thorough scrutiny."

The High Court accordingly directed the Sessions Judge to forward a copy of the charges framed against the accused for its perusal.

The appeals have been posted for further consideration next Wednesday.

The case stems from the violent clashes that erupted on February 19, 2003, during the eviction of landless tribal families who had occupied forest land at Thakarappady in the Muthanga Forest Range of the Wayanad Wildlife Sanctuary under the banner of the Adivasi Gothra Maha Sabha (AGMS).

The confrontation claimed the lives of police constable K V Vinod and tribal activist Jogi, while hundreds of tribal protesters and several police personnel were injured.

The violence broke out after tribal families refused to vacate the occupied forest land, claiming traditional rights over it. During the eviction drive, clashes erupted between the protesters and the police. The situation escalated after constable Vinod was allegedly taken hostage by agitators at Gowdanvayal near Thakarappady. Police subsequently fired plastic and rubber bullets to disperse the crowd and rescue the constable. The operation ended with the deaths of Vinod and Jogi.

Following the controversy over the police action, the UDF government led by A K Antony handed the investigation over to the Central Bureau of Investigation (CBI).

On July 31, more than 23 years after the incident, the Kalpetta Principal Sessions Court acquitted all 35 accused of the charge of murdering constable Vinod. Judge Ayoob Khan also held that the prosecution had failed to prove the charge of criminal conspiracy.

However, the court found four accused—Binu, Sundaran, Geethanandan and Rameshan—guilty of attempting to murder another police officer, Abdul Salam. They were sentenced to five years' rigorous imprisonment and directed to pay fines of ₹36,000 each.
(With LiveLaw inputs)