ABDUL KHADER MUSLIAR Vs. GOVT OF KERALA

JUDGEMENT

(1.) Government of Kerala appointed fourth respondent as Special Public Prosecutor and fifth respondent as additional Special Public Prosecutor for conducting prosecution in the trial of a particular murder case. Subsequently, Government cancelled the said appointment as per Ex. P2 proceedings. Petitioner, father of the deceased in the said murder case, has filed this original petition challenging Ex. P2.

(2.) According to the petitioner, the Muslim community in Malappuram District is faction ridden, one group known as "A.P. group" owing allegiance to Congress party and the other known as "E.K. group" owing allegiance to Muslim League Party and that all the accused in the murder case belong to "E.K. group" while deceased was loyal to the rival group. Petitioner challenges Ext. P2 other mainly on the ground that it was passed at the behest of Muslim League which is a dominant constituent of the ruling front in Kerala State, solely for the purpose of helping the accused in the murder case.

(3.) Government of Kerala tried to defend Ext. P2 order on different grounds in the affidavit sworn by the Joint Secretary to its Home Department. It is pointed out in the counter-affidavit that the order appointing respondents 4 and 5 as Special Public Prosecutor and additional Special Public Prosecutor respectively, was passed without any deliberation much less any enquiry and that when Government received a petition alleging that the appointment order was politically motivated, it was enquired into through the Superintendent of Police, District Collector and Director General of Prosecutor and all of them recommended for cancellation of the appointment order on the premise that there was no special situation for appointing a Special Public Prosecutor in the case. Another reason advanced in defence of the cancellation order is that "Government is in utmost financial constraints". A third ground is that the regularly appointed Public Prosecutors are competent to conduct prosecution fairly and honestly and if a Special Public Prosecutor is appointed, except in extraordinary circumstances, the morale of the existing Public Prosecutors would be impaired.