IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH THURSDAY, THE 21ST FEBRUARY 2008 / 2ND PHALGUNA 1929 WA.No. 367 of 2008 -------------------------- AGAINST THE JUDGEMENT IN WPC.37115/2007 DATED 01/01/2008 .................... APPELLANT/PETITIONER: ------------------------------------- MUNIAMMA, W/O. MUTHUMADAN, AGED 74 YEARS, RESIDING AT CHIRAKKULAM HOUSE, CHIRAKKULAM ESTATE, VANDIPERIYAR KARA, PERIYAR VILLAGE, PEERUMEDU TALUK, IDUKKI DISTRICT. BY ADV. SRI.JOICE GEORGE RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SABU, S/O. SIVARAMAN, AGED 33 YEARS, THEKKETHIL HOUSE, MELAZHUTHA, PEERUMEDU P.O., PEERUMEDU, IDUKKI DISTRICT. 3. NASSAR, S/O. MEERANNAN, AGED 38 YEARS, THAZHETHURUTHIYIL HOUSE, KURUPPUPALAM, INJIKKAD, VANDIPPERIYAR P.O., IDUKKI DISTRICT. 4. VINOD, S/O. PONNAPPAN, AGED 32 YEARS, PILLAVEEDU VADAKKETHIL HOUSE, VALAYAR, VANDIPPERIYAR P.O., IDUKKI DISTRICT. - 2 - 5. AJITH, S/O. DIVAKARAN, AGED 30 YEARS, KUTTIKKATTIL HOUSE, MELAZHUTHA, PEERUMEDU P.O., IDUKKI DISTRICT. 6. MOHANAN, S/O. KUNJADHI, AGED 42 YEARS, MUTAKKARIL HOUSE, MANJUMALA, VANDIPPERIYAR P.O., IDUKKI DISTRICT. 7. AJAYAKHOSH, S/O. KUNJUKUNJU AGED 31 YEARS, KONAKKAL HOUSE, MANJUMALA, VANDIPPERIYAR P.O., IDUKKI DISTRICT. 8. BENNY, S/O. MARKOSE, AGED 33 YEARS, VAZHAPPARAMBIL, THEPPAKKULAM, PEERUMEDU P.O., IDUKKI DISTRICT. 9. RAJAPPAN, S/O. CHELLAPPAN, AGED 39 YEARS, THUNDIYIL HOUSE, PATHUMURI, KUMALI P.O., IDUKKI DISTRICT. 10. BIJU, S/O. RAJAPPAN, AGED 28 YEARS, RBT ESTATE LANE, PERIYAR, VANDIPPERIYAR P.O., IDUKKI. 11. VISWAM @ VISWANATHAN, S/O. RAGHAVAN, AGED 31 YEARS, KARTHIKA ILLAM HOUSE, NEAR MARIAMMAN COVIL, MANJUMALA, VANDIPPERIYAR P.O, IDUKKI DISTRICT. R1 BY DIRECTOR GENERAL OF PROSECUTIONS MR.P.G.THAMPI & PUBLIC PROSECUTOR MR.C.K.SURESH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.367 of 2008 ------------------------------------------ Dated, this the 21st day of February, 2008 JUDGMENT H.L.Dattu, C.J. Writ petition was filed by the petitioner for appointment of a special public prosecutor for the trial of the case relating to the murder of the petitioner's son. It is stated in the writ petition that the petitioner's son late Balu was a political activist and president of the Mandalam committee of the Indian National Congress and the accused are leaders of the CPI (M) and they belong to the ruling party. It is further alleged in the writ petition that the Additional Public Prosecutor in charge of the case is also an appointee of the present Ministry and if he conducts the prosecution proceedings, it is stated by the petitioner, that she will not get justice. Therefore, the petitioner was before this Court in W.P.(C) No.37115 of 2007. In the writ petition, the petitioner had sought for a direction to the State of Kerala to appoint a senior lawyer of the bar who is having proven competency and impeachable integrity as special public prosecutor to conduct SC No.589 of 2006 on the files of the Additional Sessions Court (Special Court for NDPS Act Cases), Thodupuzha. The other prayer in the writ petition was to direct the State of Kerala to consider and pass appropriate orders on Ext.P1 representation submitted by the petitioner before commencement of trial in SC No.589 of 2006. 2. The learned Single Judge has rejected the writ petition by his order dated 1st January, 2008. That is how the petitioner is before us in this appeal. 3. When the matter was posted before this Court on 11.2.2008 for admission, we had directed the Director General of Prosecutions to take notice of the writ appeal and also to secure appropriate instructions from the W.A.No.367 of 2008 2 first respondent. 4. The matter is now posted before this Court for admission. Sri.P.G.Thampi, learned senior counsel and also the Director General of Prosecutions, would inform us that the first respondent has received the representation filed by the petitioner dated 19.12.2007 only on 26.12.2007 and even before they could take a decision in the matter, the petitioner had approached this Court by filing the present writ petition on 13th December, 2007. However, the learned Director General of Prosecutions would submit that the first respondent will consider Ext.P1 representation filed by the petitioner and pass appropriate orders in accordance with law. 5. In view of the statement made by Sri.P.G.Thampi, learned Director General of Prosecutions, without going into the other details of the case, this writ appeal is disposed of with a direction to the first respondent to consider Ext.P1 representation filed by the petitioner dated 19.12.2007 and received by the respondent on 26.12.2007 uninfluenced by the judgment rendered by the learned Single Judge in the writ petition and in accordance with law, as expeditiously as possible, at any rate, within a month's time from today. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns