Former Goa Governor and Ex-Union Minister File High Court Petition to Quash 2019 Hartal Violence Case
In a significant legal development, former Goa Governor P S Sreedharan Pillai and former Union minister O Rajagopal have approached the Kerala High Court seeking to quash a criminal case registered against them at the Mannar police station in Alappuzha district. The case stems from a violent incident during a statewide hartal in 2019, which was organized in protest against the entry of young women into the Sabarimala temple.
Court Proceedings and Government Response
Justice C Jayachandran of the Kerala High Court has sought detailed instructions from the state government regarding the petition and has adjourned the matter to March 3 for further hearing. This move underscores the judicial scrutiny being applied to the allegations and the petitioners' arguments for dismissal.
Background of the 2019 Incident
The police registered the case on January 3, 2019, following an alleged attack on Sebastian of Chennithala, a Democratic Youth Federation of India (DYFI) activist, and his friends. The incident occurred while they were traveling in a car along the Mannar-Mavelikkara Road in Alappuzha. According to the complaint, a group of armed protesters manhandled the occupants of the vehicle, allegedly due to political enmity.
Initially, the case was filed against four accused individuals. However, in a subsequent development, the police included senior Bharatiya Janata Party (BJP) leaders, including Pillai and Rajagopal, as accused on charges of abetment. This inclusion was made pursuant to an administrative order issued by the Kochi range inspector general of police. The case is currently pending before the judicial first-class magistrate court in Chengannur.
Petitioners' Arguments for Quashing the Case
The petitioners have put forth several compelling arguments in their plea to dismiss the case. They contend that even if the entire chargesheet is taken at face value, no offence is made out against them, suggesting a lack of substantive evidence linking them to the incident.
Pillai's Constitutional Immunity Claim
P S Sreedharan Pillai has submitted that at the relevant time of the incident, he held the constitutional office of Governor of Goa. He cites Article 361(2) of the Constitution of India, which stipulates that no criminal proceedings can be instituted or continued against the Governor of a State in any court during his term of office. This legal provision forms a cornerstone of his defense, arguing for immunity based on his official position at the time.
Rajagopal's Age and Public Service Record
O Rajagopal, the second petitioner, is highlighted as a nonagenarian with an unblemished record of over 75 years in public service. Currently residing in Thiruvananthapuram, his petition emphasizes that compelling him to face the rigours of a criminal trial in Chengannur would be unjust. The plea describes the charge as frivolous and non-existent, allegedly concocted by the police through a blatant misconstruction of a court order, which could result in a grave miscarriage of justice.
Precedent and Similar Cases
This petition follows a similar legal move by K Surendran, another senior BJP leader, who had previously approached the High Court seeking to quash the case against him arising from the same 2019 hartal incident. The bench had granted a stay on further proceedings against Surendran, setting a potential precedent for the current petition by Pillai and Rajagopal.
The outcome of this case could have broader implications for how legal proceedings involving high-profile political figures are handled, particularly in contexts of alleged political violence and constitutional protections.
