KOCHI: The High Court on Tuesday held the discretion in appointing a special public prosecutor (SPP) should not be left to be decided on political motives.“When an SPP appointment decided by a government is going to be changed with a change in governance, foul play should be suspected,” the court said while considering a petition by P P Prabhakaran of Mukkunnu, Kannur who sought the appointment of an SPP in a case pertaining to an attack on him and his family by CPM activists.
“The petitioner sustained very serious injuries and marginally escaped as did his wife. Their son was brutally murdered. Their cries have to be given due weight,” said the court.According to the police, the accused persons barged into Prabhakaran’s house on May 13, 2014, and attacked him, his wife and son Prajul with deadly weapons. Later, Prajul succumbed to injuries.
During the tenure of the previous UDF Government, then Director General of Prosecution (DGP) informed the court it was a very sensational case and any lapse in the prosecution’s conduct will invite public wrath and badly affect the profile of the prosecution machinery in the state. When the LDF Government came to power, the present DGP opining the case did not necessitate the appointment of a prosecutor.
The court observed there was no change in circumstances to change previous DGP’s decision. It also directed the state to appoint a special prosecutor in the case pending before the Thalassery Sessions Court.