VILLUPURAM: The Madras High Court on Monday directed the state government to clear the pending appearance fees and travel expenses of advocate BB Mohan, who served as the special public prosecutor in the sensational Gokulraj murder case, observing it would be unfair to expect an advocate to bear substantial travel costs while discharging an important public duty.
Chief Justice Sushrut Arvind Dharmadhikari and Justice G Arul Murugan dismissed the state government’s appeal against an earlier order of a single judge directing payment of the dues. The Bench upheld the order and instructed the government to settle the outstanding amount, after adjusting payments already made, within four weeks.
The case relates to the 2015 murder of a Dalit engineering graduate Gokulraj allegedly over an inter-caste relationship. Following a plea by the victim’s mother, Mohan was appointed as the special public prosecutor after the family expressed confidence in his ability to conduct the prosecution.
The trial was conducted across multiple districts before being transferred to a Special Court in Madurai. Mohan travelled from his hometown of Bhavani in Erode district to Namakkal and Madurai for nearly 117 hearings. He later assisted the high court during the appeal proceedings at the court’s request, contributing to the confirmation of the convictions.
The state had already paid Mohan’s appearance fees but refused to reimburse his travel expenses, contending existing rules did not provide for travel allowance to privately appointed special public prosecutors. Mohan had submitted a bill of Rs 12.10 lakh covering appearance fees and actual travel expenses.
Rejecting the government’s stand, the Bench observed when the state appoints an independent advocate to conduct a sensitive prosecution, the advocate performs a vital public function. “If an advocate has to travel hundreds of kilometres for 117 hearings, expecting him to pay for the fuel and lodging out of a daily appearance fee is unfair,” the court said.
Advocate A Nagendiran from Witness for Justice, a non-profit organisation in Madurai, who pursued the case, told TNIE this is a landmark judgment as the government has been directed about the noble cause of public prosecutors in caste atrocity cases.