The Kerala High Court has ruled against suspending the trial of five individuals implicated in the 2018 murder of Students Federation of India (SFI) leader, Abhimanyu. This decision came on Tuesday amidst appeals from the accused, aiming to pause proceedings initiated by the Ernakulam Sessions Court.
Justice G Girish presided over the hearing, addressing the appeals lodged by Muhammed JI (Accused 1), Arif Bin Salim (Accused 2), Bilal Saji (Accused 4), Farokh Amani (Accused 5), and Rajeeb PM (Accused 6) [Muhammed JI v State of Kerala & ors]. The appellants contested the session court’s decision to not delay the trial and sought access to all witness statements and investigative documents, including those not incorporated into the chargesheet.
The High Court, however, maintained the sessions court’s decision, thereby permitting the trial to proceed. The appeals emerged in response to the murder case involving Abhimanyu, a student leader from Maharaja’s College, who was tragically attacked near the campus in July 2018. The prosecution attributed the attack to members of the now-outlawed Popular Front of India (PFI) and its student division, Campus Front.
In their defense, the accused highlighted the prolonged investigation concerning several co-accused, which they claimed was incomplete. They argued that advancing the trial against only the charge-sheeted individuals would lead to an unjust and disjointed legal process. Specifically, they pointed out that investigations against accused numbers 17 to 26 lingered unresolved, with those individuals being detained and subsequently released on bail back in 2018.
The defense argued, “Such inordinate delay by the investigating agency should not be allowed to disadvantage the petitioners, who are now facing trial on an incomplete version of the case.” They further emphasized their right to a fair trial under Articles 20 and 21 of the Indian Constitution, asserting their entitlement to all materials gathered during the investigation, pursuant to Rule 19 (4) of the Criminal Rules of Practice.
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Despite these arguments, Justice Girish dismissed the appeals, affirming the session court’s ruling. The legal team representing the accused included advocates EA Haris, MA Ahmad Saheer, Muhammed Yasil, Aagi Johny, and Ifra Iqbal. A detailed order is anticipated to follow.
