kochi : The Kerala High Court on Tuesday discharged Congress state president K Sudhakaran from a case related to the alleged conspiracy to kill three CPM leaders including LDF convenor E P Jayarajan due to political enmity in 1995.
According to the FIR in the case, following criminal conspiracy, the first accused, Sudhakaran, procured four revolvers and gave them to the fourth and fifth accused. Later, knowing that E P Jayarajan was travelling from Delhi to Kerala on Rajdhani Express, the fourth and fifth accused boarded the train, and when it was passing through Chirala in Andhra Pradesh, they fired at him. Jayarajan was injured in the attack, the FIR stated.
Justice Ziyad Rahman issued the order on a petition filed by Sudhakaran and the third accused, Rajeevan of Thalassery, seeking to set aside the order of the Additional Sessions Judge, Thiruvananthapuram, which declined to discharge them from the case.
The proceedings were initiated based on a complaint filed by Jayarajan before the Judicial First Class Magistrate Court, Thiruvananthapuram.
‘Registration of 2nd FIR by police not justifiable’
In the plea filed before the JFCM court, Jayarajan had alleged that the accused persons, including Sudhakaran, conspired at Thycaud Guest House, Thiruvananthapuram, to murder him, out of political rivalry and an attempt was made to murder him and two other CPM leaders inside the train. Jayarajan was the CPM Kannur district secretary when the incident happened.
Sudhakaran argued that no conspiracy was committed as alleged. Though a discharge petition was filed before the Sessions Court, it was dismissed on the ground that he had not faced trial, without adverting mind to the fact that the High Court of Andhra Pradesh and the Supreme Court had dealt with the matter. Chirala police, Andhra Pradesh has already investigated the case against Sudhakaran under Section 120 B, but nothing happened in the investigation. So he cannot be tried for the same offence on the same set of facts. The second FIR is not permissible in law, he argued.
The court said the registration of the second FIR by Kerala Police was not at all justifiable and the further proceedings are also not legally sustainable.
Jayarajan argued that there was no proper investigation by the Andhra Pradesh police regarding conspiracy.
The court said that it was evident from the records that an investigation was indeed conducted in respect of the conspiracy.
Though further investigation was proposed by Sudhakaran and the other accused, they were never chargesheeted by the Andhra Pradesh police.
However, even if the same is treated as an instance of lack of proper investigation, still, the same would not justify the registration of a second FIR, said the court.