Kerala HC discharges KPCC chief Sudhakaran's case of conspiracy

KOCHI: The Kerala High Court on Tuesday discharged Kerala Pradesh Congress Committee (KPCC) chief K Sudhakaran from a case accusing him of conspiring to kill some senior CPI(M) leaders, including present Left Democratic Front (LDF) convener E P Jayarajan back in 1995.

The High Court bench with Justice Ziyad Rahman A. A discharged Sudhakaran and another accused in the case, Rajeevan, and said that the Andhra Pradesh police already investigated the allegations of criminal conspiracy against them.

So, a second FIR registered in Kerala on the same accusations was not justified since the prosecution stories in both FIRs shared a single platform and the allegations were against the same persons, which is barred under the law.

A case of criminal conspiracy and attempted murder was initially registered in Andhra Pradesh when Jayarajan was shot and injured in the train he was travelling in, passing through the Chirala area of that state.

The Kerala High Court order came on a plea moved by Sudhakaran and Rajeev against a 2016 decision of a Judicial First Class Magistrate (JFCM) court rejecting their request to be discharged from the case.

According to case records of the proceedings in Andhra Pradesh, the conspiracy charges were investigated. While a further probe was proposed against the petitioners, they were never charge-sheeted.

“However, even if the same is treated as an instance of lack of proper investigation, still, the same would not justify the registration of a second FIR, but on the other hand, at the most, it could be a case where orders for further investigation in Crime 14/1995 of Chirala Railway Police Station should have been sought,” it was stated.

The second FIR in Kerala was registered on Jayarajan’s complaint alleging that Sudhakaran and other accused met at Thycaud Guest House in Thiruvananthapuram back in 1995 and conspired to do away with the leaders of the CPI(M).

In furtherance of the alleged conspiracy, revolvers were procured and one of the guns was used by one of the accused to shoot Jayarajan, the prosecution had claimed.

One of the two accused, who were arrested by Andhra police in the case, was initially convicted by a Principal Assistant Sessions Court there for conspiracy and attempted murder.

But an appellate court there had later found him not guilty of conspiracy and attempted murder and only convicted him under the Arms Act.

The other accused, who allegedly shot at Jayarajan, died before he faced trial.