KOCHI: The Kerala High Court on Tuesday dismissed a petition seeking the transfer of the trial in the murder case of S.P. Shuhaib, a Youth Congress leader from Edayannur, from the Additional Sessions Court, Thalassery, to another court of competent jurisdiction. The court dismissed the petition filed by three accused — Akash Thillenkery, Rajil Raj, and Jithin A., alias Chathu.
Justice C.S. Dias held that the Sessions Judge shall ensure that both parties are given a full and effective opportunity to participate in the trial, including by suo motu reopening the evidence and permitting the counsel for the accused to cross-examine the witnesses.
The court said the counsel for the accused are expected to cooperate with the proceedings and avoid unnecessary interruptions or adjournments. Considering that the case dates back to 2018 and the number of witnesses cited, the trial should be conducted with due expedition.
The High Court also directed the Sessions Court to dispose of the case without being influenced by any observations made in the High Court’s order.
The petitioners had alleged that they apprehended that they would not receive justice from the trial court. The Thalassery Additional Sessions Court, while rejecting their transfer request, had observed that the accused’s conduct in raising “untenable objections” reflected an attempt to interfere with the orderly conduct of the proceedings.
Shuhaib was murdered on February 12, 2018, after he was attacked by a gang allegedly linked to the CPM.