Kerala HC rejects petition by former DIG in encounter case
Thursday, July 5, 2007
4 July 2007
The Kerala High Court has dismissed a petition filed by former DIG P Vijayan, a third accused in the naxalite Varghese murder case.
Justice V Ramkumar dismissed the petition filed by the former police officer, challenging the order of CBI Special Court, Ernakulam, of June 8, 2007, dismissing his plea for discharge in the case.
Mr Justice Ramkumar observed that the affidavit sworn to and the extra-judicial confession by the first accused in the case could not be eschewed or discarded as worthless shred of evidence.
He also observed that in a country where the rule of law was supreme and courts existed for doing justice to mankind and truth could be unravelled through an impartial, blemishless and faultless investigation, criminal trial alone was the answer.
"I see no ground to interfere with the order passed by the trial court," he added.
According to the prosecution, naxalite Varghese, who was allegedly killed in a police encounter on February 18, 1970, was shot dead by the first accused, a CRPF Constable Ramachandran Nair, who is now no more. He was ordered by the then Dy SP Laxmana and then DIG P Vijayan to shoot Varghese.
The case was investigated by the CBI and the final report was laid before the Special CBI Court, Ernakulam, on December 11, 2002.
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