KALPETTA: Twenty-three years after the Muthanga tribal agitation, the Wayanad Principal District and Sessions Court on Friday convicted four activists for attempting to murder two government officials during the 2003 violence, while acquitting all the accused in the case relating to the death of police constable K V Vinod.
Principal District and Sessions Judge Ayoob Khan Pathanapuram found M Geethanandan, 72, Binu S, 53, Koyalippura Remesan, 58, and Anilkumar, 53, guilty on 16 charges, including attempt to murder and criminal conspiracy, in the attack on police constable Abdul Salam and forest officer Sasidharan. The court awarded a cumulative sentence of 19 years of rigorous imprisonment and Rs 10,000 as fine. However, as the sentences will run concurrently, the four will effectively undergo five years in prison. Taking into account the social background of the accused, the court waived the fine imposed on them.
The court also acquitted all the accused in the case relating to the murder of Kannur KAP 4th Battalion constable K V Vinod. It held that Vinod’s fatal injuries were inflicted by the second accused, Ashokan. Since Ashokan died during the trial, no punishment could be imposed.
The court recommended that the District Legal Services Authority provide `7 lakh as compensation to Vinod’s family, Rs 3 lakh to injured police constable Abdul Salam and Rs 2 lakh to injured forester Sasidharan under the Victim Compensation Scheme.
Reacting to the verdict, K V Babu, brother of Vinod, said the judgment was disappointing and that the family had been forced to wait more than two decades for justice. “The verdict has come after 23 years. I heard it with a frozen heart. I have served in the police department myself. If this is the treatment a police family receives, one can only imagine what ordinary people think about the justice delivery system,” Babu told reporters.
Police crackdown
The case arose from the police operation on February 19, 2003, to evict tribal protesters who had occupied forest land at Gowdanvayal in the Muthanga Wildlife Sanctuary. Abdul Salam was among two policemen taken hostage by Adivasi Gothra Maha Sabha activists during the clash. He suffered serious injuries and was released only after his health deteriorated.
The verdict came after a prolonged legal battle. The probe, initially conducted by local police and the Crime Branch, was later handed over to the CBI. The trial, which began before the CBI Court in Kochi in 2016, was subsequently transferred to the Kalpetta Sessions Court. Fifteen accused died during the pendency of the trial.
Reacting to the verdict, advocate T M Rasheed, counsel for the accused and the Adivasi Gothra Maha Sabha, said the conviction in the attempt-to-murder case was unexpected.
“Though the court appears to have taken a lenient view considering the social background that led to the agitation, the conviction of the four accused was unexpected. We will definitely challenge the verdict before the higher courts,” he said.
AGMS leader C K Janu termed the verdict “discriminatory”, alleging that it ignored police excesses during the eviction drive. “We were not in a violent mood when the day began. It was the brutal police action that changed everything,” she told TNIE.
Demanding a fresh investigation into the police action and the death of tribal youth Jogi, she said, “The police brutality and Jogi’s death also deserve a thorough investigation. Justice should not be selective.”
Responding to criticism that the judgment made no reference to Jogi’s death, CBI Special Public Prosecutor Boby Joseph said the incident was outside the scope of the agency’s investigation. “The investigation into his death was outside the scope of the CBI probe entrusted to us as the death of Jogi occurred during a law-and-order operation in which the police were discharging their official duties,” he said.
The Muthanga agitation is regarded as one of Kerala’s largest tribal land struggles. On January 5, 2003, hundreds of landless tribal families led by Geethanandan and C K Janu occupied forest land inside the Muthanga Wildlife Sanctuary, demanding land rights. The police eviction on February 19 turned violent, leaving constable Vinod and tribal youth Jogi dead and several policemen and protesters injured.
Two criminal cases connected to the Muthanga incident are still pending. C K Janu was the first accused in both cases.