2019 Rash Driving Case: Kerala High Court Asks Why Prosecutor From Another Court Assigned To Try IAS Officer Sreeram Venkitaraman

The Kerala High Court on Tuesday (October 27) sought an explanation from the State as to why public prosecutor of a different court was assigned to prosecute the criminal trial in the 2019 rash driving case against IAS officer Sriram Venkitaraman, that resulted in the death of journalist K.M. Basheer.

Justice C. Jayachandran observed:

"State Attorney will also get specific instructions as to why the subject case was not permitted to be prosecuted by the Prosecutor attached to the Court concerned; and as to why a Prosecutor who is officiating in a different Court has been given the task."

The Court was considering a plea preferred by Basheer's widow Jaseela, being aggrieved by the rejection of her request to appoint Advocate Santhosh Kumar as Special Public Prosecutor to conduct the trial. She also sought to quash the government order rejecting her request and a direction to the Additional Chief Secretary, Home department to appoint Advocate Santhosh.

When the matter came up yesterday, the State Attorney submitted that there was only a discussion in the administrative capacity that Advocate Santhosh may be appointed but there were no orders or action by the government.

Earlier this month, the Court had stayed the trial and had called for the records leading to the afore government decision. Yesterday, the stay was extended and the records were produced in a sealed cover. However, the Court did not peruse the records and observed that the same would be done at the time of hearing. It then posted the case to November 27 (Friday).

In August, the High Court had disposed of another petition preferred by Jaseela challenging the transfer of the trial and seeking a direction to the State to ensure that the prosecution is conducted by a senior prosecutor with proven credentials and an impeccable track record.

The Court had confirmed the transfer order as Jaseela had sought to confine her relief to appointment of a special public prosecutor alone. It had also recorded the State's submission that the government had already, in principle, taken a decision to appoint Advocate Santhosh Kumar as the Special Public Prosecutor. Since it was submitted that the formal notification of appointment is yet to be issued, the Court had deferred the trial for a period of one month.

In the plea, it is stated that the government took a different stance while disposing of her representations. In such circumstances, she approached the High Court again.

The petition is moved by Advocate M. Revikrishnan.