Thiruvananthapuram: On Friday, the Kerala High Court granted conditional suspension of a five-year jail sentence for four individuals convicted of attempting to murder police constable Abdul Salam and forest range officer PK Sasidharan. This case stems from the 2003 Muthanga land struggle in Wayanad, a significant event in Kerala’s history regarding land rights and community activism.
unofficial estimates by human rights groups and tribal outfits stated over a dozen deaths While official records point to only two fatalities. The alleged indiscriminate firing by the police on the tribals, allegedly without any provocation, were widely condemned by rights groups and remains a dark chapter in the history of Adivasi land rights in Kerala. Late Justice VR Krishna Iyer, in a preliminary report, termed the police action as ‘excessive’.
The accused must not be released on bail until the fine amounts are realised, the court ordered. The HC bench of Justice A Badharudeen, hearing petitions filed by the accused challenging their conviction by the sessions court, held that they have an ‘arguable case. The appellants’ counsel had pointed out that the sessions judge did not conclusively find commission of the offences and only prima facie found the offences. The standing counsel for the CBI, which investigated the cases with regard to the Muthanga land agitation, also submitted that they are filing an appeal to ‘address the flaws in the judgement. “Going through the judgement and the period of sentence imposed, at par with the arguments advanced pointing out the innocence of the applicants, the appellants have an arguable case.
Since it is submitted by the learning public prosecutor that the appellants have criminal antecedents, there is no reason to disallow the application and therefore, the petition to suspend the sentence is allowed on the following conditions,” the High Court ruled. The four accused — M Geethanandan (72), Binu (54), Ramesan (53) and Anilkumar (48) — were found guilty by the Kalpetta Sessions Court on July 31 in the case and imposed five years rigorous imprisonment and fines of ₹ 10,000 each for a range of offences including attempt to murder, wrongful restraint, wrongful assembly and rioting. The court directed the apellants to deposit the entire fine amount imposed by the sessions court, execute bail bond of ₹ 1 lakh each with two solvent sureties and not get involved in any other crimes. The cases pertain to the historic agitation for land spearheaded by the Adivasi Gothra Maha Sabha under the leadership of Geethanandan and CK Janu inside the Wayanad wildlife sanctuary in Muthanga in January 2003 in protest against then UDF government’s inaction on allotting land parcels to tribals.
