Melavalavu murder - Include convicts as respondents: High Court

P. Rathinam, the petitioner sought the division bench of Justices S. Vaidyanathan and N. Anand Venkatesh to direct respondents to furnish copies of Government Order issued from the Home (Prison-IV) Department dated November 8, 2019 at the earliest since the State government had ordered and released those convicts, whose conviction and sentence of life were confirmed by Supreme Court on October 22 in 2009, citing good conduct on former Chief Minister MGR’s birth centenary celebrations.

Meanwhile, the Additional Public Prosecutor furnished Government Order and necessary documents for the release of those convicts. The bench said status report should be furnished with details with regard to materials considered before coming to conclusion to release those 13 life convicts. While considering the appeals filed by the accused persons and the criminal revision filed by the petitioner herein, the bench came to a categorical conclusion that the act of the accused persons was not merely to murder the deceased, but also to terrorize the entire Scheduled Caste community who dared to stand in the Panchayat election. This Court also observed that the entire incident happened only to terrorize the Dalit community and prevent them from participating in the election and the entire attack occurred solely because they belonged to a particular community. This court further held that what the Ambalakarars could not achieve legally was achieved by resorting to violence and taking law into their own hands.

This court also expressed its anguish by stating that the prosecution had clearly proved the charge under Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act, 1989, but, however, since no appeal was filed by the State government and the incident occurred nine years ago, this court was not in a position to convict the accused persons and punish them for the offence.

The court questioned whether any order was passed by giving an opportunity to the petitioner, before Government Orders were passed on November 8, 2019, on releasing the life convicts? Whenever such remission Government Orders were passed, which results in premature release of the life convicts, whether it was considered according to the seniority or it’s taken out of turn. If it was taken according to the seniority, the concerned authority should provide particulars as to how many such representations for premature release had been given by other life convicts earlier, the court asked. The convicts were suo mottu impleaded as party respondents. The case was posted for further hearing on November 25.