GEORGE A P Vs. STATE OF KERALA

JUDGEMENT

(1.) The appointment of the Special Public Prosecutor for prosecuting the accused in a case of murder was terminated by the State. The petitioner, who is the brother of the person murdered, cry foul and contend that termination of the appointment of the Special Public Prosecutor is politically motivated. One of the accused is a Minister in the State Cabinet and the others owe allegiance to the Government, which is now in power. He would contend that the termination is illegal and arbitrary and seeks intervention of this Court to quash Exhibit-P5 order.

(2.) For appreciating the contentions advanced, it would be apposite to delve into the facts in some detail.

(3.) On 25-5-2012, a rousing speech was rendered by one M.M. Mani, the then District Secretary of the CPI(M), in a public meeting organized by his party members at Manarkad, Thodupuzha. The said leader, with characteristic candor, proclaimed about his complicity and that of certain others in the commission of a series of murders of rival political activists, including Baby Anchery.