AMBIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 11th day of December 2019 The petitioner is the aggrieved mother of the deceased Anand, who was allegedly murdered on 12.11.2017. The specific case of the prosecution is that the murder was motivated by political reasons; because the deceased was an RSS sympathizer and the persons arrayed as accused belong to CPI(M). The petitioner apprehends that conducting of prosecution against the CPI(M) sympathizers by a Prosecutor appointed by the State may not do justice to her, and therefore, made a request to the Government for appointment of a Special Public Prosecutor. Vide letter dated 29.06.2019 at Ext.P4, the Additional Chief Secretary to Government inviting the attention to the request made by her, further requested her to submit willingness of the Advocate intended to be appointed as Special Prosecutor stating that he is ready to take up the assignment by accepting the regulation fee prescribed as per the Kerala Government Law Officers (Appointment and Conditions of Service and Conduct of Cases) Rules and that he has no conflicting interest in conducting the prosecution of the case.

(2.) The willingness of the Advocate in accordance with Ext.P4 was sent to the Government by the petitioner. But unfortunately, the petitioner received Ext.P1 letter stating that the Government is not inclined to accede to her request for the reason that there is a Public Prosecutor appointed by the Government and that she may engage a Counsel to assist the Public Prosecutor to conduct the case in accordance with Section 24(8) of the Cr.P.C.

(3.) The Government has formulated guidelines in cases where the need for appointment of Special Public Prosecutors may arise. The said guidelines is issued as Circular No.264/C4/2017/Home dated 18.09.2017. The learned Government Pleader submits that the conditions as required in the Circular is not applicable to the present case. But on a reading of the Circular it is found that condition No.1 states that in cases such as heinous murder or kidnapping or rape particularly of minor and which are gruesome in character shocking the collective conscience of the community at large, a Special Public Prosecutor can be appointed.