KOCHI: The Kerala High Court on Friday stayed the trial in the Madhu lynching case until further orders. The trial court had on June 8 posted the case to June 20. The High Court issued the order on the petition filed by Madhu’s mother Malli seeking a directive to keep in abeyance all the proceedings in the case till the government took a decision on her plea to remove special public prosecutor C Rajendran. Malli had requested the government to hand over the case to additional special prosecutor Rajesh M Menon.
The HC also sought the view of the government on her petition to replace the special public prosecutor. The tribal youth was lynched by a mob at Attappadi in Palakkad on February 22, 2018, allegedly for stealing rice from a grocery shop. There are 16 accused in the case who have been charged with murder and under various Sections of the SC/ST (Prevention of Atrocities) Act.
In the petition, Madhu’s mother alleged that the current special public prosecutor was handling the trial — at the Mannarkkad Special Court for Scheduled Castes and Scheduled Tribes Atrocities Act — in an inefficient manner and in violation of the basic rules pertaining to witness examination. The investigating officer had given a report to the district police chief on the lapses and foul play in the conduct of the trial, the petitioner said.
Witnesses turned hostile during lynching case trial
During the trial on June 7, Unnikrishnan, the 10th witness in the case, turned hostile. He had earlier told the police that he saw the main accused, Hussain, stamping Madhu on his chest. His statement was included in the chargesheet. However, during the trial, Unnikrishnan said he only saw Hussain lifting the leg.
Similarly, 11th witness Chandran, who is the son of Malli’s sister, said during the trial that he did not see anyone hitting Madhu. Chandran is one of the persons seen in the crowd in the lynching video and he had earlier given a statement that he was a witness to the incident. Chandran had also given a statement under section 164 of the CrPC before the court.
It was Madhu’s family members who recommended the name of Rajendran as the special public prosecutor. The government had appointed Rajendran, a senior advocate at the Kerala High Court, as the special public prosecutor in the case on February 16 as former public prosecutor V T Reghunath sought relief from appearing in the case citing ill health. P Gopinath, who was the first special public prosecutor in the case had withdrawn from the case citing personal reasons two years ago. The special investigation team had filed a 3,000-page chargesheet in the case in May 2018. All 16 accused are currently out on bail.
