For honey justice Glory to the goddess of justice. The judgment is a landmark in the history of the judicial system. Don’t you remember Madhu’s face that left a wound of pity in Malayali’s mind? That face now becomes a symbol of the strength of the Goddess of Justice. Exemplary punishment for false witnesses who shamed the public conscience. This punishment is not only for criminals but also a warning to those who protect criminals. After 5 years of legal battle, timely and powerful interventions from a few quarters paved the way for mob lynching victim Madhu to get justice.
The legal world was shocked when the witnesses defected one by one. Faced with attempts to influence the witnesses, the police produced their evidence in court within a minute. Mannarkkad Scheduled Castes Special Court Judge K.M. Ratheesh Kumar once said this. “The court knows that the accused and witnesses talking in the hotel room is not about India-Pak relations”. Madhu case is now a text book for police and legal world. Palakkad district police chief R. Vishwanath Manorama explains to Online Premium.
? After surviving several coup attempts, Madhu has received justice. This verdict is very special. Can you explain what they are?
∙ This judgment is a landmark in the justice system. This judgment is a strong warning against mob attacks. No one has the right to take the law into their own hands. No one has the right to attack a fellow human being for any reason. Secondly, this judgment also serves as a warning against organized efforts to overturn the case. Fate also warns those who defect. It sends a strong message that action will be taken against them. The witness is a representative of the community. Society believes in witness. The lower court canceled the bail granted by the High Court to the defecting witnesses. The forest department dismissed the watchers who gave false witness. Legal proceedings have been initiated. The court completed the administration of justice based on strong digital evidence when the witnesses recanted.
? Innovative steps in administration of justice were taken as part of this case. Can you explain the circumstances under which they might be taken and their effectiveness?
∙ The Special Prosecutor, who noticed the influence moves for defection, warned and warned against it on various occasions. Even after that, the influence moves on the part of some of the defendants were brought to the attention of the palace judge. The High Court granted bail to the accused on a strict condition that they should not contact the witnesses. It was only later that the system of witness protection against defection came into being. The bail given by the High Court was canceled by the High Court after the witness protection cell convinced the accused that the accused had influenced the witnesses to be tried. Although the defendants obtained a stay against the cancellation of bail, the High Court upheld the action of the special judge. The bail of the accused was canceled after four years.
? As the witnesses defected one by one, the community feared that the case was being overturned. How the case that would have been lost was taken back. What is the turning point in the case?
∙ The witness who saw his own scene on CCTV said that it was not him. The court understood what was going on in the case. With that, the police also woke up. Attempts to influence witnesses have been made in the past. With that, the police started an investigation into the defection. The phone conversation between the accused and the witnesses was immediately produced in the court along with the records of the service provider. The CCTV footage of the accused and the witnesses meeting in the court was also brought to the court.
Such a powerful intervention. The court ordered an eye examination of a witness. The inspection was conducted on the same day and the report was presented to the court the next day. Action was also taken to dismiss the forest department watchers who had been false witnesses without even a moment’s delay. The court took a strong stand. Magistrates were examined in court and evidence was collected. The court itself asked direct questions.
? What is Witness Protection Scheme? Was the move effective?
∙ The District Sessions Judge was approached with a proposal for a mechanism for protection and monitoring of witnesses. Supreme Court Witness Protection Scheme 2018. They were used. Then District Sessions Judge Chairman and Govt. Pleader Member Secretary and SP Member Witness Protection Scheme started under District Committee.
Agali Dysp n. A witness protection cell was formed under the leadership of Muralidharan. Agali SHO K. Saleem, Puthur Station SHO Vs. Jayaprasad, Grade SI Sabu Jasuf, Senior Civil Police Officer KP Beena and Cybercell CPO PV Vinu comprised the cell. Cell’s intervention and investigation paid off. Later, until the end of the trial and the hearing, the district police prepared a heavy surveillance bandaus for the witnesses.
? Witness defection is a headache. How are they blocked?
∙ On a weekly basis, trial proceedings and witness environments were continuously evaluated. Mysterious moves to influence witnesses also stopped. This system has also been of great help to the prosecutor. The committee was monitoring the situation of the witnesses who were to appear for the trial on the next day through video conference. Discussed with the judicial officers for further matters to be adopted.
Apart from the cell, a team of selected officers was appointed for special surveillance. Apart from that, the palace officials from their community were also given the responsibility to cross-examine some of the tribal witnesses. DGP has sanctioned a special fund for the cost of witness protection system. The witnesses facing further threats were brought to the Mannarkkad court under police surveillance. The scheme lays down various provisions to ensure witness protection. It also suggests relocating those facing severe problems and providing them with livelihood and financial assistance if necessary.
? Aren’t the accused and witnesses locals? Can you avoid contacting them?
∙ What happened in the trial of the case is also worrying. The defection of 24 witnesses in the case exposed the plight of the tribal community. An Urumuppan who had defected to the opposing side later gave mehri in Madhu’s favor out of conscience. The Mannarkkad Special Prosecutor’s examination of the eyesight of the apostate witness and the doctor who examined the eyes led to a discussion.
At various stages of the trial, the judge’s contextual intervention became crucial. The cell’s investigation revealed that witnesses were defected mainly through the intermediary of a tribal politician of Attapadi. It is also clear that he was influenced by making many promises. After monitoring the mobile phone numbers of the accused, it was found that six persons had called one person consecutively.
? There was a deliberate move to subvert the case and change the statements.
∙ It was decided to strictly implement some things to prevent defection. The first of these was the avoidance of eye contact between the witnesses and the accused as they were from the same area. Other things are providing palace protection for the witnesses from home to court, arranging transport for them, ensuring that they are not influenced in any way and level, giving monthly reports to the district committee about the progress and obstacles in the proceedings. Special attention was given to four of the weakest but most critical. The key was constant communication with them.
? The court relied on digital evidence along with witness statements in the Madhu case. Do these exist?
∙ The activities of the mob that tied up Madhu paved the way for the digital evidence. They are strong. The crowd was thinking that he had done a heroic deed with the beating. An attempt was also made to show them to the natives. Took a selfie. The video was circulated. The sack was carried. All their evidences have been duly collected. The forensic department worked efficiently. The judgment has also praised the excellence of forensic department officer P. Shaji and investigation officer TK Subramaniam.
English Summary: How Witness Protection Cell Played a Crucial Role in Attappadi Madhu Murder Case | Explained