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2020 Supreme(Ker) 274

S. MANIKUMAR, SHAJI P. CHALY
State of Kerala, Represented By The Additional Chief Secretary To The Government, Department for Home Affairs – Appellant
Versus
Ambika W/O. Saseedharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. K.V. Sohan, State Attorney, Adv.
For the Respondent: Sri. Sajith Kumar V. Sri. A.V. Vivek Shri.Godwin Joseph, Advs.

JUDGMENT :

S. Manikumar, J.

Challenge in this writ appeal is to the direction issued by the writ court in W.P.(C) No.31187/2019 dated 11.12.2019, that the appellants/respondents shall consider the request of the respondent/writ petitioner afresh in view of the circular dated 18.09.2017. By observing that this is a case of political murder, by which the accused as well as the deceased have very clear political affiliations, the writ court ordered thus:

    “6. Under the circumstances, the anxiety of the petitioner that the accused who belong to the ruling party may not be appropriately prosecuted in this case is justifiable. Under the circumstances, it is the duty of the Government to expel the reasonable apprehension that arises in the mind of the victim's mother in the prosecution of the case. It is apparent from the records that in the first instance, the Government was willing, but later on backed out from the demand for appointment of a Special Public Prosecutor.

Considering the entirety of the facts and circumstances of the case, I find that this is a fit case for appointment of a Special Public Prosecutor and therefore, the order of the Government at Ext.P1 is quashed and the respond

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