Kerala HC refuses to stay trial in SFI activist Abhimanyu murder case

The Kerala High Court refused to stay the trial against 16 accused in the 2018 murder of SFI activist Abhimanyu, ruling that allegations against them differ from those against other accused and that delaying proceedings would unnecessarily prolong the trial

Kochi: The Kerala High Court on Tuesday declined to halt the trial against 16 accused in the case of murder of SFI activist Abhimanyu in 2018. Five of the first 16 accused in the case had moved the High Court claiming that the commencement of trial against them at a time when an investigation was in progress against accused nos.17 to 26 would render gross prejudice to them.

Justice G Girish rejected the plea, saying that the allegations against the first 16 accused were different from those against accused nos. 17 to 26.

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“The argument of the counsel for the petitioners that the prosecution might use the materials collected in the investigation against accused Nos.17 to 26 to the detriment of the interests of accused Nos.1 to 16, is totally unfounded in view of the marked distinction in the nature of the allegations levelled against accused Nos.1 to 16 when compared to the allegation against accused Nos.17 to 26,” the High Court said.

It said that while the allegations against accused 1-16 were regarding entering into a criminal conspiracy to kill the victim and carrying out the acts in connection with it, the accused 17-26 were facing allegations of harbouring the offenders and abetting their escape from law.

Therefore, the plea to keep the trial in abeyance till the probe against accused 17 to 26 is completed “can only be considered as an attempt to procrastinate the trial in the said case”, the High Court said.

It said that the trial court is bound to comply with the High Court’s earlier direction for a time-bound disposal of the case and dismissed the writ petition moved by the five accused.

A sessions court in Ernakulam had on July 6 started the trial by framing charges against the 16 accused in the 2018 murder case. Abhimanyu, a BSc Chemistry student at Maharaja’s College and an activist of the CPI(M)’s student wing — the Students’ Federation of India (SFI) — was stabbed to death in July 2018.

According to the prosecution, the murder was carried out by members of the Campus Front of India, the Social Democratic Party of India (SDPI) and the Popular Front of India (PFI) following a dispute over graffiti painted by Abhimanyu to welcome freshers to the college. The murder of Abhimanyu had triggered widespread protests and intensified political tensions on college campuses across Kerala.