Aggrieved by the non-filing of the charge sheet, in a case pending in Alappuzha Court, even after 24 years of registration of the FIR against him, one Mankunnil Suresh has approached the Apex Court seeking quashing of FIR against him.
In the Writ petition filed through Advocate Wills Mathews, the Petitioner has also sought for a direction to State of Kerala to pay him a compensation of Rs.25 lakhs for the sufferings of the last 24 years.
Mr. Suresh who is a politician, was accused of offence of cheating 24 years ago. He contends that there is a need of an “expiry date” for legal proceedings and a “legal audit” of each file is a must to strengthen the rule of law and clean the system.
“Right to live with dignity, enshrined in Article 21 of the constitution is a superior right than all other Fundamental Rights, which is evident from Article 359. There is no any justification and no purpose will be served in registering and keeping the FIR live without filing charge sheet even after 24 years, resulting in serious violation of Fundamental rights of the petitioner resulting in overcrowding the already crowded judicial system. The need for an “expiry date” for the legal proceedings and “Legal Audit” of each and every court file/case file is a must to strengthen the rule of law and to clean the overcrowded judicial system, failing which it can have disastrous consequences on the rule of law ,leading towards anarchy in various forms”, states the Petition.
The petitioner also says that, FIR against him pending for the last more than 24 years resulted in spoiling his political feature, personal life, and was seen as tainted for no fault of his, and presently the he is living with a left paralyzed body and a weak mind, with memory loss and living on taking insulin four times in a day along with various other medicines.
The Writ petition also reads “The petitioner deserves an “Hon’ble exit” from the clutches of the FIR which is pending for the last more than 24 years as it is a matter of credibility of the petitioner and his family, seriously affecting his right to have a dignified life which is enshrined in Article 21 of the constitution.”.
This petition is posted on Monday in court no. 7 as item no. 7.
Read the petition here.