Observing that “the threat of ‘Suryanelli’ has been haunting Rajya Sabha Deputy Chairman P J Kurien for years”, the Kerala High Court on Wednesday held that there was no new material warranting fresh action against him in the case.
The court observed that the trauma undergone by the victim was understandable and the court understood the need to be sensitive, sympathetic and considerate to such a victim.
“But at the same time, one cannot also omit to note that the threat of ‘Suryanelli’ has been haunting Kurien for years. His role was investigated by several senior officials and he was also proceeded against on a complaint by the victim. As far as he is concerned, by the acquittal in 2007, he might have hoped that the matter be given a quietus,” it observed.
Justice P Bhavadasan made the observation while dismissing a petition by the victim in the Suryanelli sex case seeking a fresh probe against the Rajya Sabha Deputy Chairman based on the latest revelation by an accused in the case.
The Sessions Court had dismissed the plea of the victim stating that no new material had been brought before it to present a different view from the earlier proceedings.
The High Court upheld the order of the Sessions Court.
Appearing for the state, Senior Government Pleader (GP) C Rasheed submitted that there was absolutely no merit in the contention raised by the victim. She had moved the Judicial First Class Magistrate Court, Peermade, against Kurien based on the utterance of Dharmarajan, sole convict in the case, who had claimed on a channel interview a few months back that he had taken Kurien in a car to a guest house at Kumily where the girl was lodged.
Dharmarajan had later retracted the claim in the Magistrate court through an affidavit stating he had never met Kurien and he was in an inebriated state when he made the charge through the media. “No grounds are made out to interfere with the orders of the court,” the GP submitted. The court pointed out that from the records, it was seen that several senior police officials were entrusted with the task of probing Kurian’s role.
All of them after due inquiry, came to the conclusion that Kurien had no role to play. The Kerala High Court had acquitted Kurien in 2007 and the apex court also declined to intervene in the order.
The victim pointed out that she was not given a notice when the case was considered by the Supreme Court and High Court earlier. “There have been fresh allegations against Kurien, hence further probe should be conducted,” she argued.