Kerala High Court Orders In-Depth Review of Muthanga Land Agitation Convictions
In a significant legal development, the Kerala High Court has highlighted the need for a meticulous examination of the convictions of four individuals involved in the 2003 Muthanga land agitation case. The court, presided over by Justice A Badharudeen, expressed concerns regarding the trial court’s findings, particularly about the application of the criminal conspiracy charge under Section 120B of the Indian Penal Code (IPC). The court noted that the trial court’s conclusions were only preliminary and lacked definitive evidence.
The case under review involves appeals filed by activist M Geethanandan, alongside Rameshan, Binu, and Anilkumar, all of whom were convicted by a sessions court. They were charged in relation to a violent clash between police forces and Adivasi protesters at Muthanga Wildlife Sanctuary in Wayanad in 2003. During the proceedings, Justice Badharudeen emphasized, “The judgment needs to be scrutinized because the sessions judge made only a prima facie finding on the evidence… It should have been a conclusive finding. This judgment must be scrutinized thoroughly.”
The Muthanga land struggle was sparked by an eviction drive conducted by the Kerala Police, which escalated into violence and resulted in police firing. Tragically, the confrontation led to the deaths of five protesters and police constable KV Vinod.
The four appellants faced convictions for attempting to murder Senior Civil Police Officer Abdul Salam, kidnapping Forest Range Officer PK Sasidharan, inflicting grievous harm with dangerous weapons, and disrupting public order. They received sentences of five years of rigorous imprisonment, along with fines. However, they were acquitted of charges related to the death of constable Vinod.
Arguing before the High Court, the appellants contended that their convictions were unsustainable, as they were based on a “prima facie” finding of criminal conspiracy, a term used by the sessions court itself at the charge-framing stage. Their legal counsel emphasized the inadequacy of evidence supporting the conspiracy charge under Section 120B IPC.
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In response to these submissions, the High Court has directed the sessions judge to provide a copy of the order framing charges. The court has scheduled further hearings on the appeals for August 12.
The Muthanga land agitation case remains a pivotal moment in legal history, highlighting the complex interplay between law enforcement and indigenous rights. As the Kerala High Court undertakes a comprehensive review, the legal community and the public keenly await the outcome.
