Muthanga Case: Convicted Adivasi Leaders Move Kerala High Court Against Trial Court Verdict

Kochi: Leaders of the Adivasi Gothra Maha Sabha who were convicted in connection with the Muthanga land struggle case have moved the Kerala High Court seeking to set aside the trial court’s verdict.

M Geethanandan, Binu, Rameshan and Anilkumar, who were sentenced to five years of rigorous imprisonment, filed appeals challenging the judgment of the Kalpetta Sessions Court.

They were convicted on charges including attempted murder, abduction and criminal conspiracy in connection with an alleged attack on police officer Abdul Salam and forester Sashidharan. The trial court delivered its verdict on July 31.

The appellants argued that the CBI probe was illegal as it was conducted without obtaining prior consent from the state and central governments. They also pointed out that the trial court itself had observed that the charge of criminal conspiracy had been established only prima facie.

The appeal argued that it was therefore legally unsustainable to convict them on the other charges. It also alleged that there were contradictions in the testimony of key witness P K Sashidharan and that there was insufficient evidence to establish the charge of obstructing public servants from discharging their official duties.

Kalpetta Principal District and Special Court Judge C Ayoob Khan Pathanapuram had sentenced the accused to a total of 19 years and seven months of imprisonment under various sections. However, the court directed that the five-year rigorous imprisonment sentences be served concurrently.

The trial court verdict came 23 years after the Muthanga police firing.

On February 19, 2003, violence broke out after the A K Antony government opened fire on Adivasi protesters who were carrying out a land struggle at Muthanga under the leadership of the Adivasi Gothra Maha Sabha.

K V Vinod, a constable with the Kannur KAP Fourth Battalion, was killed during the clashes. Adivasi protester Jogi was also killed in police firing. Police allegedly carried out a violent crackdown on hundreds of protesters, including women and children.