News Story- Suryanelli

News story in the backdrop of my interview  with senior criminal lawyer Shasthamangalam S Ajith Kumar carried by UAE based media giant Gulf Today's website. See at http://gulftoday.ae/portal/45f06871-3bf8-4506-9472-4e213fa0f12c.aspx#.UR2ysOHzSLg.twitter

News story in the backdrop of my interview with Senior Criminal Lawyer Shasthamangalam S Ajith Kumar carried by Oman based newspaper 'Oman Observer'. For original please see Page no.5 (India) at http://main.omanobserver.om/files/pdf/2013/2/15/OmanObserver_15-02-13.pdf

News story in the backdrop of my interview with Senior Criminal Lawyer Shasthamangalam S Ajith Kumar carried by Indian newspaper 'Deccan Chronicle'. For original please see http://www.dc-epaper.com/PUBLICATIONS/DC/DCK/2013/02/15/INDEX.SHTML?ArtId=004_048&Search=Y

(Full text of the said interview may be accessed at http://www.nebilthinks.blogspot.in/2013/10/kurian-never-named-by-prosecutrix.html)

'Kurian never named by Prosecutrix'

Shasthamangalam S Ajith Kumar is regarded as one of the best trial lawyer in the State of Kerala. He was the junior of Shri. K.P Radhakrishna Menon, who later got elevated as High Court Judge. He was also the junior of famous criminal lawyer Kottur Gopala Krishna Pillai. He has appeared in a number of high profile cases which got wide media attention. He also worked as a Special Prosecutor for Narcotics Control Bureau (NCB) and Revenue Intelligence and Customs.

He has represented eight accused in Suryanelli case, including Accused no.2. Given below is the transcript of his interview with Nebil Nizar and Vimal Koshy.


1- Could you brief us about the trial?
Ajith Kumar: A Sessions Court in Kottayam was notified as a Special Court for trying this case. Sasidharan Nambiar was the Sessions Judge. Suresh Babu Thomas was the Special Public Prosecutor.

The trial was a split one because Dharmarjan was at large and could not be traced, so charges were laid against 40 persons and taken on file by the Special Court. The second trial, was started when Dharmarajan surrendered.

2- Why was this case entrusted to a special team?
Ajith Kumar: This case got a lot of media attention and the Government had then entrusted this case to a Special Investigation Team (SIT) headed by Deputy IG Sibi Mathews. Joshwa was then a Dy.SP. Siby Mathews had an image as that of an excellent Investigating officer.


3- KK Joshwa, then a member of this SIT strongly came out against the then SIT Chief. How do you view this?
Ajith Kumar: I Know Siby Mathews personally. When N Ram wrote an article on Siby Mathews in frontline containing some defamatory remarks, he engaged me to file a defamatory suit against Ram. Siby Mathews is a man of character. You cannot influence him. He never mixes official and personal matters. He is an incredibly credible officer.

In Suryanelli case, I and Siby Mathews were on different poles. He was the SIT Chief and I was the counsel appearing for eight accused in the case.

During the trial, Siby Mathews and Joshua were working like one soul and two bodies. They were seen working together to ensure a conviction. There was not even a murmur, a dissent or anything from the side of Joshwa. I strongly believe that Joshua now came out against Siby to wreck personal vengeance.


4- Justice Basant (as he then was) is in news for wrong reasons. His decision in Suryanelli case is widely criticised. His statement during a personal conversation kicked start controversy. How do you view all this?
Ajith Kumar:  I Know R Basant for the past 28years. I have represented cases before him. I have argued first and second appeals before him.

I had a serious difference of opinion with him regarding the way he appreciates evidence, he is a person who believes that provisions under the Code of Criminal Procedure are intended to see that an accused is ultimately found guilty and convicted.

I even submitted before him that his decisions would throw to wind the traditional principles of appreciating evidence. He smiled and said: ‘Ajith Kumar, please understand that there is a change in time’. He was a convicting Judge.

Just of the reason that he has decided against me in a couple of cases does not make me speak against him. I admit that R Basant was an Honest Judge with Character and Integrity. He is a very hard working individual who believes that he is the seat of Justice, and Justice must be administered.

I feel really bad when persons who do even know who he was, accuse him of wrong things.  

5-Director General of Prosecution T Asaf Ali has given a legal opinion that Further Investigation is not necessary, any comments?
Ajith Kumar: Even if I was the DGP, I would have given the same legal opinion. If further Investigation is ordered, then the entire case would collapse. Prosecution got two convictions (Trial 1 and 2). He might be hopeful of a Conviction from the High Court from the settings of the things.

But, if you have any regard for truth, this case should be opened up. State Government should ask CBI to investigate this case. 

6- How do you see Dharmarajan’s revelations to media?
Ajith Kumar:  Dharmarajan is a convicted accused. He has jumped parole and is at large. He is the son of a lawyer and brother of a sitting Judge. Dharmarajan himself is a Law graduate and a Lawyer. We cannot presume that he is ignorant of Law and its technicalities. We cannot believe the version of a convict.

7- Did the local Police who investigated this case, had a genuine interest to prove the case?
Ajith Kumar: Initial investigation was done by one Mr. Mathews, Circle Inspector. He turned hostile during the trial and was grilled by the Prosecution.

Mathews recorded a statement of the Prosecutrix during the course of his Investigation, in which there was no rape or allegation of rape. She added that she went on her own, she met Dharmarajan and went to so many places, met Usha (Accused 2) at Kanyakumari (SIT version is that they met at Kottayam).

Mr. Suresh Babu Thomas, learned Special Public Prosecutor stoutly denied the existance of such a letter and alleged that Mathews had cooked up a story.

During the 2^nd Suryanelli Trial, the Defence side was successfully able to get hold of a communication from the Circle Inspector Mathew to Deputy Inspector General (DIG) saying that such a statement was recorded. Having no other way, the Prosecution admitted the existence of such a statement from the part of the girl to Circle Inspector Mathews.

8- Dharmarajan who jumped parole and now at large giving an interview to a private channel from an undisclosed location, speaks about Police tortures and how statements were extracted out of them. Did any of the persons whom you represented complaint so?
Ajith Kumar: Everybody was treated in the most cruellest manner. Mr. Cherian, an accused in this case has said to me about his experience at Devikulam Police Station. They were stripped naked and inhuman treatment was inflicted on them which even Hitler did not do at the Concentration Camps. This continued till 03:00am.

The sad fact is that none of the accused made complaint against the torture.

9- Do you think that the Investigation by SIT was not fair?
Ajith Kumar: Most of the witnesses in this case was threatened by Police. Most of the witnesses statements were recorded under Section 164 of Code of Criminal Procedure before a Magistrate. During the trial stage, all of them were threatened with Perjury.

The evidence upon which Siby Mathews relied on was that of a Prostitute from Mundakayam, Kottayam, who took part in the whole process. Instead of arraying her as an accused, Siby Mathews deleted her from that list and made her a witness and statement under 164 of Code of Criminal Procedure was recorded.


10- Do you think that this case needs to be re-investigated?
Ajith Kumar: This case should definitely be Re-Investigated. Central Bureau of Investigation is that apt agency. The State Government should show the courage to do that.


11-  Now the main stream media is busy discussing the involvement of present Rajya Sabha Deputy Chairman PJ Kurian, what you have got to say about this?
Ajith Kumar: None of the persons whom I represented at the trial said me about PJ Kurian. They all said that they were all falsely arrayed as accused, I am pretty sure that Kurian was nowhere in picture.

During the first trial, I was present in the court all the time during this In-Camera trial, the prosecutrix has never ever named P.J Kurian.



(Originally published at http://glctvpmlaw.blogspot.in/2013/02/kurian-never-named-by-prosecutrix.html)

‘Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done’

Justice V.R Krishna Iyer
Photo: The Hindu

‘Victim was used for child prostitution’, this controversial statement from the part of R Basant, former Kerala High Court Judge and part of the division bench that acquitted 35 accused in Suryanelli case, shook the conscience of the society. Widespread protest escalated. Broadcast, Print and Online media joined the civil society in protest.

In an email interview with our correspondent Nebil Nizar, Justice V.R Krishna Iyer, eminent Jurist and former Supreme Court of India Judge V.R Krishna Iyer came out heavily against Justice Basant.

1)  Justice Basant is heard saying in the tape; Child Prostitution is not Rape but Immoral only. How do you respond?

Justice Iyer: I consider the distinction between immorality and rape as absurd and spiritually untenable

2)  Is it important for the Judge to Examine the charecter of the Prosecutrix before reaching a conclusion? Or whether Happening of the alleged offence is important?

Justice Iyer: Both are relevant.

3)  Does conversation with Justice Basant show the attitude of Judges while deciding cases relating to sexual offences?

Justice Iyer: The attitude of the judges in sexual offenses discloses Judicial disposition vis a vis sentencing. The diabolical attitude of the judge towards sex crimes makes his sentencing harsh

4)  Original IPC (Copy at Harvard Law School) in Section 376′s explaination notes says that if a girl is held in captivity and raped, when she has a chance to escape, if she didn’t, then she cannot claim that she was raped. Then is Justice Basant right?

Justice Iyer: No, a rape is a rape whether the victim has been opportunity to escape or suffers confinement.

5) Do you think ‘Contempt of Court’ must be slapped on Justice Basant for making fun of the apex Court by saying that the Judge has not even read the Judgement of Kerala High Court?

Justice Iyer: Justice Basant making observations about the sentencing Judge is guilty of making stultification. Such an attitude is near contempt.

Many women feel outraged by Basant remarks. There is some moral justice in refusing to call Judges like Basant. Justice is too noble a word to be used by persons who disgrace women the way Basant has savagely done.

Justice Basant is my old friend and I know him to be a good Judge. I am shocked how he made such derogatory Judgement about his own sister female humanity. He has to withdraw the vulgar statement he has made. Oh the pity of it-dear Basant please express your regret and withdraw your shocking opinion about women kind publicly. You were a learned Judge; why ruin your reputation.

(Originally published at http://www.worldbeyondweb.com/interview-with-justice-v-r-krishna-iyer/)

'I would love to see more active, creative and healthy political culture in campuses, and Law Colleges should be there to lead the student politics'

Dr. Mathew Kuzhalnadan is a National General Secretary of Indian Youth Congress. He is an alumnus of Government Law College Thiruvananthapuram, University of Kerala. He is also a Ph.D in Law from Jawaharlal Nehru University (JNU), New Delhi.

He is one of the founding partners of Law firm KMNP Law, New Delhi. They also have an associate office in Cochin, Kerala.

Given below is the transcript of his interview with Nebil Nizar. 

1- You entered Politics through campus politics, and subsequently rose to National Politics. Now years later, what is your take on student politics in campus?

Dr. Mathew: You are right that I started my political career from campus. Over the years, there is a drastic change in the approach and attitude of students and society towards campus politics. There are many reasons for it which I don’t want to detail here but the recent trend of ‘a-politicization’ of campus is not at all desirable, nor progressive. Law Colleges have remained the cradle of student politics in the country. I would love to see more active, creative and healthy political culture in campuses and Law Colleges should be there to lead the student politics.

2- The cream of law graduates always go for Government jobs (Executive) or other Corporate jobs. A few sticks on to litigation practice. What all can be done to make litigation practice more attractive?

Dr. Mathew: This is one of the grave issues that the legal fraternity of this country is going to face in the near future. There is a huge dearth of quality lawyers and judicial officers. This is gradually reflecting in the entire legal system as well. Many critics identify this as the deterioration of legal system. However, the entire legal fraternity has failed in guiding the new generation in the right direction. I would suggest internships for court practice for not less than 6 months part of the curriculum itself. There shall also be endeavours to ensure that students are paid minimum stipends during the period. This will give an exposure to litigation practice and will also inspire and motivate students to join Bar.

3- There is a demand for 'financial aid' for fresh law graduates. Dont you think this would attract a pool of young blood into 'Bar'?

Dr. Mathew: Financial aid itself will not be a panacea. It requires systematic efforts to attract a pool of young blood into the Bar.

4- We are proud of the fact that you were able to establish yourself as a successful lawyer at the apex court. From the angle of a law graduate from Kerala, Supreme Court practice is a distant star.  Is SC practice really a difficult task?

Dr. Mathew: Not at all. Anyone who is focused and consistent in his efforts can establish himself.  Patience in career and a thorough understanding of the pattern of practice will be helpful.


5- Law students and young law graduates file Public Interest Litigations on some issues, which prima facie do not have any 'public interest', and generally courts do not entertain those. Do you think majority of PILs are now filed for publicity sake?

Dr. Mathew: PILs are considered as a jurisprudential breakthrough in our legal system. They are often grossly misused for private interests, but still they are relevant and play a vital role in awakening the conscience of the society.


6- Recent surveys amongst law students all over India gave result that they are not at all happy with the standard of their tutors. As an academic, how do you react to this?

Dr. Mathew: There is a grave depletion of quality in legal education. It is imperative to address this by improving the quality of legal academia.

7- National Law Schools were started with an aim to impart Harvard style education in India. Recently former NLSIU Vice Chancellor Prof. Mohan Gopal opinioned that NLS must be disbanded. Do you think National Law Schools are losing standard year after year?

Dr. Mathew: It is sad that our National Law Schools are not able to deliver the quality of standards expected.

8- How can Government Law Colleges rise up to the expected standard and become centers of dialogue and research in important legal, policy matters?

Dr. Mathew: It needs concerted efforts and political will to improve the academic culture of Law Colleges.


9- Is Kerala a fertile land for research oriented study?

Dr. Mathew: I don’t think the enthusiasm of a researcher should be based on external circumstances. However, we need to have more quality resources and infrastructure.

10- How far post-graduation and doctoral studies at JNU different from other law colleges in the country?

Dr. Mathew: JNU has a distinct academic, political and social culture which influences the teaching and research. The standards are very high which requires everyone to deliver their best.

11- Did your strong academic background helped you to climb ladders in the party and establish yourself as a national level think tank?

Dr. Mathew: I don’t think academic background alone has helped me. But it has definitely influenced my perspectives on various issues and in articulating it within the organization.


12- What is advice to students and young law graduates intending to do legal research?

Dr. Mathew: I suggest genuine research aptitude, identifying areas of interest, having strong academic foundation and wide reading as pre-requisites.

13- What is your advice to Law Students?

Dr. Mathew: Have confidence and be aware of your social responsibilities. There is no dearth of opportunities and know that sky is the limit..

(Originally published at http://glctvpmlaw.blogspot.in/2013/02/i-would-love-to-see-more-active.html)