Graphite case: Special Court order against Mani quashed

By Our Staff Reporter

KOCHI, JUNE 29. The Kerala High Court on Friday set aside the Thiruvananthapuram Vigilance Special Court's order impleading Mr. K.M. Mani, Revenue Minister and leader of the Kerala Congress(M), as fourth accused in the second module of the Graphite case.

Mr. Justice N. Krishnan Nair, however, made it clear that if the special court came to the conclusion while adducing ``evidence in the course of inquiry into or trial of the case'' that the petitioner (Mr. Mani) was involved ``in the commission of the offence'', the special court was at liberty to proceed in accordance with the law.

Allowing a criminal revision petition filed by Mr. Mani against the Special Court's order, the Judge observed that it was "unfortunate to note" that the Special Judge had passed the impugned order without understanding the scope of Section 319(1) of Criminal Procedure Code (Cr.PC).

The Judge pointed out that evidence under Section 319(1) meant evidence recorded by the court in the course of inquiry or trial and not the statements made to the police during investigation. The statements recorded under Section 161 of Cr.PC and the documents submitted along with it could not be taken into account for the purpose of Section 319(1).

Mr. Mani had contended that the findings of the Special Court were against Section 319(1) of the Cr.PC. According to the section, a person could be made an additional accused only when it appeared to the court from "evidence recorded" in the course of any inquiry into or trial of an offence that he/ she should be arrayed an additional accused. In this case, no evidence had been recorded by the court after charges had been framed in the case against the other accused.

The court had also heard arguments advanced by Mr. P.A. Ahammed, the resigned special prosecutor at the special court who had been allowed by the judge to implead in the petition.

Send this article to Friends by E-Mail

Section  : Southern States
Previous : KC(B) protests against UDF sidelining Pillai
Next     : KC(M) suspends P.C. Thomas