AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) A school bus driven by the petitioner was involved in an accident on 12. 9. 1980 resulting in the death of one Devadas, aged 23, studying in the III year B. E. (Electronics and Communications) in Siddaganga Institute of Technology, Karnataka. A Claim Petition was filed by the mother and elder brother of the deceased before the Motor Accidents Claims Tribunal and I am told that the petition has since been disposed of allowing the claim in part. I am further told that an appeal for enhancement is now pending before this Court. The 2nd respondent, Shri. P. Velayudhan is a senior advocate at Palghat. He was a Public Prosecutor for a number of years. He was the counsel who appeared in the Motor Accidents Claim.

(2.) THE mother and brother of the deceased requested the Government to appoint Shri. P. Velayudhan as a Special Public Prosecutor in the criminal case (C. C. No. 22 of 1980) registered against the petitioner for offences punishable under Sections 279, 337 and 304-A of the Penal Code. The Government allowed that request and appointed Shri. P. Velayudhan as a Special Public Prosecutor.

(3.) THE petitioner who is the accused challenges the appointment of Shri. P. Velayudhan as a Special Public Prosecutor on the ground that he would be biased against the petitioner. The petitioner apprehends that Shri. P. Velayudhan would endeavour to obtain the conviction of the petitioner at all costs for the reason that he is already committed, as a lawyer to the cause of the mother and brother of the deceased.