Kerala HC permits Govt to withdraw cases against Ministers
The Kerala High court permitted the state Govt to withdraw criminal cases against state Home Minister, Finance Minister and Revenue Minister besides some MLAs in various cases registered against them in 2003.india Updated: Feb 04, 2009 09:07 IST
The Kerala High court on Tuesday permitted the state government to withdraw criminal cases against state Home Minister Kodiyeri Balakrishnan, Finance Minister Thomas Issac, Revenue Minister KP Rajendran besides some MLAs in various cases registered against them in 2003.
Cases were also withdrawn against Varkala Radhakrishnan, MP, and various MLAs and student leaders following permission granted by justice M Shashidharan Nambiar while allowing a revision petition filed by the government in 19 criminal cases. There were 300 odd accused in the 19 cases.
Earlier, various magistrate courts in Thiruvananthapuram district had declined permission to withdraw prosecution proceedings against the ministers, some LDF MLAs and some other LDF leaders and student activists, including Sindhu Joy and Kodiyeri Balakrishnan's son Binesh Kodiyeri.
The high court said when the court grants consent to the public prosecutor to withdraw prosecution proceedings it must be satisfied that the withdrawl will serve public interest.
"All these cases relate to incidents of processions where leaders are identified. But for that reason alone, it cannot be presumed that the incidents of violence was at the behest or with the consent or knowledge of the leaders," the court held.
"While granting permission to withdraw criminal cases, the court must also consider whether grant of consent may thwart or stifle course of law or result in manifest of injustice," it held
The cases relate to violence during secretariat march, tresspassing into police station and forcefully releasing some accused who were taken into custody by police and destruction of public property.