In 2012, TP Chandrasekharan, formerly affiliated with the Communist Party of India (Marxist) CPI(M), and later founder of the Revolutionary Marxist Party (RMP), a faction that splintered from the CPI(M), was assassinated in Kerala.
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The Kerala High Court today (19 Feb 2024), has made a significant decision regarding the infamous TP Chandrasekharan murder case. The court not only dismissed the appeals filed by the convicts, one of whom tragically passed away during the appeal process, but also took a step further by convicting two individuals previously acquitted by the trial court. This decision underscores the court’s commitment to ensuring justice in a case that has gripped Kerala for years.
A division bench consisting of Justices AK Jayasankaran Nambiar and Kauser Edappagath passed the order and also issued non-bailable warrants against the two additionally convicted persons, KK Krishnan and Jyotibabu.
The High Court ruled that Krishnan and Jyotibabu are also guilty of the offences under Section 120B (criminal conspiracy) read with Section 302 (murder) of the Indian Penal Code.
“We confirm the judgment of the trial court and sustain the conviction of A1 to A8, A11 and A13 (A1 – Anoop, A2 – Manoj @ Kirmani Manoj, A3 – N.K.Sunil Kumar @ Kodi Suni, A4 – T.K.Rajeesh, A5 – K.K.Muhammed Shafi, A6 – S.Sijith, A7 – K.Shinoj, A8 – K.C.Ramachandran, A11 – Manojan & A13 – Kunhanandan) in respect of the charges proved against them. We note that A13 expired during the pendency of these appeals, and his legal representative was impleaded. Additionally, we convict A1 to A5 and A7 under Section 120B of the IPC as well. We set aside the acquittal of A10 [K.K.Krishnan] and A12 [Geothi Babu] and convict them under Section 120B read with 302 of the IPC. We confirm the acquittal of the other accused,”
-the judgment stated.
While passing the judgment, the bench further quoted Amartya Sen to criticise political violence:
“Democracy thrives on the peaceful exchange of ideas, not the violent imposition of beliefs. Political violence is the poison that corrodes the roots of democratic principles.”
The case initially saw 12 out of 36 accused individuals convicted on May 4, 2012, by a special court, all of whom were sentenced to life imprisonment. These convictions were a result of a gruesome act that shook the political landscape of Kerala, involving the murder of TP Chandrasekharan, a political leader known for his outspoken criticism of the Communist Party of India (Marxist) [CPI(M)].
The trial court’s decision, however, did not mark the end of the legal battle, as several high-profile CPI(M) activists, including Kozhikode district secretariat member P Mohanan, along with area and local committee members KK Krishnan and Jyotibabu, were acquitted.
The convicted individuals challenged the verdict handed down by the special court, claiming their innocence and alleging that the evidence against them was fabricated. They argued that the investigation was biased, a claim that was scrutinized in the appeal process. Unfortunately, one of the appellants died before the High Court could render its decision, adding a somber note to the proceedings.
The High Court’s review of the case was also prompted by appeals from the State government and KK Rema, the widow of TP Chandrasekharan. Both parties sought to challenge the leniency of the sentences awarded to the convicts and the acquittal of several accused individuals. The State’s appeal aimed to escalate the life sentences to the death penalty, highlighting the premeditated nature of the murder that the trial court failed to adequately recognize.
KK Rema’s appeal was particularly poignant, as she contested the acquittal of several CPI(M) leaders, arguing that they had masterminded the murder by employing professional criminals. Her appeal underscored the need for justice and compensation for the loss of her husband, reflecting the personal tragedy behind the legal proceedings.
This judgment by the Kerala High Court marks a crucial development in the TP Chandrasekharan murder case, reflecting the judiciary’s role in addressing the complexities of political violence and the quest for justice. By upholding the convictions and extending accountability to two more individuals, the court has sent a strong message about the consequences of political violence, ensuring that the pursuit of justice remains relentless and uncompromising.
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