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1992 Supreme(Ker) 335

K.T.THOMAS
Abdul Khader Musliar – Appellant
Versus
Government Of Kerala – Respondent


Judgment :-

Government of Kerala appointed fourth respondent as Special Public Prosecutor and fifth respondent as additional Special Public Prosecutor for conducting prosecution in the trial of particular murder case. Subsequently, Government cancelled the said appointment as per Ex. P2 proceedings. Petitioner, father of the deceased in the said murder case, has filed this original petition challenging Ex. P2.

2. According to the petitioner. The Muslim community in Malappuram District is faction ridden, one group known as "A.P. group" owing allegiance to Congress party and the other known as "E.K. group" owing allegiance to Muslim League Party and that all the accused in the murder case belong to "E.K. group" while deceased was loyal to the rival group. Petitioner challenges Ext. P2 other mainly on the ground that it was passed at the behest of Muslim League which is a dominent constituent of the ruling front in Kerala State, solely for the purpose of helping the accused in the murder case.

3. Government of Kerala tried to defend Ext. P2 order on different grounds in the affidavit sworn by the Joint Secretary to its Home Department. It is pointed out in the counter-affidavit that t















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