PALAKKAD: Pointing out that the death of tribal youth Madhu as the first lynching case in Kerala, K M Ratheesh Kumar, the judge of the special court for trial of cases under the SC & ST (Prevention of Atrocities) Act, said awarding adequate sentence to the convicts was essential.
“This is the first lynching case in God’s Own Country. Let it be the last. The materials placed before the court reveal that the accused persons assumed the role of moral police, which cannot be encouraged in a civil society. Unless such instances are deprecated by awarding adequate sentences, the actions will be repeated...So, the sentence should serve as a deterrent to those thinking about assuming the role of moral police,” the judge said.
He said the evidence proved that the accused persons mercilessly inflicted injuries on Madhu alleging he had stolen food items. “Even if it is assumed that the so-called properties found in Madhu’s possession were stolen, it was not done for the joy of it but for his stomach (survival). For minor theft, the acts done by the accused led to his death. Documents presented by the special public prosecutor reveal that Madhu had been treated for some mental illness. The court is bound to respect his life... Our Constitution guarantees equal right to life to each and every citizen of India, irrespective of social status. Hence, we cannot award a fleabite sentence for the reason that the person who died was not a big shot,” the judge said.
The judge said had the police apprehended Madhu on complaints of thefts, he could have been brought before the law. “And if it was found that he had any mental illness, he could have been treated and rehabilitated at the state’s expense. This incident is a lesson to the police, a reminder that no complaint should be left unattended,” he said.
The court appreciated the contributions of the assistant director of the forensic science laboratory, Thiruvananthapuram, who, it said, took pains to find out relevant data from the thousands of photos and videos that were stored in various mobile phones.
The court also appreciated media’s role in paving the way for rendering justice to Madhu. “Had the media not given importance to the news, the case, perhaps, would not have ended like this,” the court observed.
The court also observed that eyewitnesses turned hostile and provided false evidence despite giving statement under CrPC Section 164 to the magistrate in the prosecution’s support. It said even Madhu’s close relatives turned hostile while some witnesses dared to deny their presence in visuals obtained from CCTV and mobile phones – that were played in court – despite the picture being crystal clear.
It recommended proceedings against 10 witnesses under IPC Section 193 (Punishment for false evidence). Citing the inquiry report prepared by the judicial first class magistrate, Mannarkkad, and another by the sub-divisional magistrate , Ottappalam, which were produced in court, the judge concluded that Madhu’s death was not a result of torture by police.