Kerala HC quashes order terminating Special Public Prosecutor

The petitioner pointed out the Special Prosecutor, who has now been appointed, is having affiliation with the ruling party and that would prevent him from acting in a fair and impartial manner.

Published: 15th May 2019 05:24 AM  |   Last Updated: 15th May 2019 05:24 AM   |  A+A-

Kerala High Court

Kerala High Court (File photo)

By Express News Service

KOCHI: In a major setback for the LDF Government, the High Court on Tuesday quashed the government order terminating Special Public Prosecutor Siby Chenappady, who was appointed by the UDF Government in the Anchery Baby murder case involving Electricity Minister M M Mani. The court observed the termination of appointment was whimsical and arbitrary. The court held Chenappady should be permitted to conduct the prosecution in the case pending before the Sessions Court, Thodupuzha.

The court issued the order on the petition filed by the brother of the deceased alleging the termination was politically motivated. The UDF Government had appointed Chenappady as special prosecutor considering the legal issues involved in the case. However, the LDF Government passed the order terminating his appointment.  and in his place, N K Unnikrishnan was appointed on July 24, 2018.

The petitioner submitted that the special public prosecutor was conducting the prosecution in a diligent manner. He had filed an application to arraign Mani and two others as accused as their roles were evident from the records and it was accepted by the court.

The petitioner pointed out the Special Prosecutor, who has now been appointed, is having affiliation with the ruling party and that would prevent him from acting in a fair and impartial manner. The accused in a case of political murder has been given the mantle to choose their own prosecutor, which was against all canons of justice, submitted the petitioner.

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