Abhimanyu murder case: Kochi court to decide on in-camera trial plea on Sep 22

Kochi: Ernakulam Principal Sessions Court on Wednesday reserved its order on a plea by the accused in the Abhimanyu murder case seeking an in-camera trial, with the court set to pronounce its decision on September 22. The trial in the nearly eight-year-old case is scheduled to begin on October 15.

Principal Sessions Judge K K Balakrishnan reserved the order after hearing arguments on the petition, which was filed by the defence earlier this week and strongly opposed by the prosecution.

The prosecution, led by G Mohanraj, argued that there was no legal merit in the defence plea. It pointed out that in-camera proceedings are generally provided for cases involving survivors of sexual assault and matters dealt with under the Protection of Children from Sexual Offences (POCSO) Act, and contended that accused facing murder charges cannot claim such a privilege.

The accused have sought more than just a closed-door trial. They have also requested a comprehensive ban on the entry of the general public and media into the courtroom, as well as a prohibition on photographing them.

According to the defence lawyer, public exposure during the trial could adversely affect the future of the accused and could also have an unintended influence on witnesses and their testimonies.

The petition has also cited the court’s proximity to Maharaja’s College, where Abhimanyu was a student. The defence has urged the authorities to prevent gatherings of college students around the court complex during the trial.

Trial from October 15
The court had finalised the trial schedule on August 21, following a direction from the Kerala High Court in July to complete the proceedings within four months.

The HC issued the directive on a petition filed by Abhimanyu’s mother, Bhoopathy.

The trial will begin with the examination of the first two witnesses on October 15. All 156 witnesses are scheduled to be examined in a continuous manner, except on public holidays.

The court has planned to complete the examination of the witnesses within 18 working days, with November 12 fixed as the target for completing the testimony.

16 accused face trial
All 16 accused appeared before the court on August 13 after the judge had earlier reprimanded them for failing to appear at two consecutive hearings.

During the August 13 hearing, the court read out an additional charge of voluntarily causing hurt under Section 323 of the Indian Penal Code. The charge was added at the request of the prosecution.

Earlier, on July 6, all 16 accused had pleaded not guilty when the formal charges were initially framed.

The charges against the accused include murder, causing hurt using dangerous weapons, criminal intimidation, destruction of evidence, rioting and unlawful assembly.

Before the charges were framed, the court had rejected discharge petitions filed by six of the accused, holding that there were sufficient grounds for the case to proceed to trial.

The case relates to the murder of Abhimanyu, a second-year BSc Chemistry student and unit secretary of the Students’ Federation of India (SFI) at Maharaja’s College.

Abhimanyu was fatally stabbed on July 2, 2018, during a violent confrontation between SFI activists and members of the Campus Front of India, the student wing of the Popular Front of India (PFI). The clash reportedly began over graffiti at the college.

The investigation was completed, and the chargesheet was filed in September 2018. However, the commencement of the trial was delayed repeatedly over the years.