Another Life Lost, Yet Another Prosecution Fails: Kerala High Court Acquits 13 RSS Workers In Vishnu Political Murder Case
Case: Sivalal v. State of Kerala and connected matters.
Coram: Justice K. Vinod Chandran and Justice C. Jayachandran
Case No.: CRL.A NO. 1350 OF 2016
Court Observation: “The sad saga of political rivalry and mindless killing, as we have noticed in many cases, tears asunder the social fabric of the State. The saga written in blood continues and the memorials held by the rival parties offer no solace to destitute parents, hapless widows and orphaned children, who often lose the only breadwinner of the family. The yearly remembrances, only stoke the fires of rivalry and do not wipe the tears of the bereaved or awaken the conscience of those who matter. Another life is lost and yet another prosecution fails, both lying on the wayside, grim reminders to the society of the futility of it all.”
“The eye-witness testimonies are incredulous, the identification unbelievable, the recoveries unsubstantiated and the seizures leading to nothing. There is absolutely no evidence worth its salt, and the prosecution failed to prove any corroborative circumstance, but for the political rivalry existing between two groups.”
“Political rivalry, is a simmering cauldron of intrigue, spite and deceit, often spewing out the venom of hatred, in the form of mindless bloodshed. The men in red and those saffron clad, are divided on political lines and the instant case is alleged to be the murder of one among the former, by a few in the latter group.”
“There is a deliberate attempt visible, from the commencement of the investigation, to project half-truths and cherry-pick witnesses so as to shape the case in a particular manner.”
“In many a case where the crime is the product of political rivalry, we see an over zealousness on the part of the investigating and prosecuting agency. The cherry-picked witnesses speak with precision on every minute aspect, unmindful of the disbelief it evokes. It’s time that we express a caution, that the version of a witness, however exhaustive, extensive and precise the same be, is of no avail, unless it is believable and trustworthy.”
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Another Life Lost, Another Prosecution Fails
