SAFIYA C.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) A victim, who was always at the periphery of the criminal justice system, has, after the Code of Criminal Procedure (Amendment) Act of 2008 (Act 5 of 2009) become an important stakeholder in the justice delivery system. The voice of the victim, which includes that of a legal heir can no longer remain subdued and requires reasonable consideration at the hands of all authorities. This writ petition brings to light the cry of a victim for the appointment of a Special Public Prosecutor.

(2.) Petitioner is the mother of Sri.Anwar, who, as a young man of 25, was brutally assaulted, allegedly in a political murder. The incident is alleged to have taken place on 5/7/2011 in broad daylight when twelve accused wrongfully restrained the deceased and mercilessly assaulted him and thereafter hacked him to death with a sword and knife. The accused are all alleged to be leaders and activists of the Communist Party of India (Marxist) while the deceased is stated to be a member of the Youth League of the Indian Union Muslim League.

(3.) Pursuant to the investigation, a final report was filed which was committed to the Court of Sessions as S.C. No.934 of 2012 on the files of the Additional Sessions Court, Thalassery. The offences alleged are under Sec. 143, 147, 148, 341, 324, 326, 120B, 212, 307 and 302 read with sec. 149 of the Indian Penal Code, 1860.