The Kerala High Court on Wednesday rejected a plea for an in-camera trial in the SFI leader Abhimanyu murder case [Mohammed JI & ors v State of Kerala & ors].
The plea was filed by the 13 men accused of murdering Students' Federation of India (SFI) leader Abhimanyu at Maharajas College in 2018.
The Ernakulam Principal Sessions Court had earlier rejected the accused's request to conduct the trial behind closed doors.
Justice CS Dias today upheld the sessions court's decision. The High Court observed that under Section 366 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), criminal proceedings are ordinarily required to be conducted in open court.
"The above provision makes it abundantly clear that criminal proceedings are ordinarily to be conducted in open court, where the public generally have access," it observed.
The Court also noted that a proviso to this Section still empowers the judge presiding over the trial to exclude the public or any particular person from the courtroom if needed, at any stage of the trial.
The Court proceeded to reject the accused men's plea for an in-camera hearing of the entire trial proceedings.
However, it directed the trial court and police to ensure that no person photographs or video records the trial or the accused inside the court room.
It added that the trial court can consider restricting public access to the hearings during the examination of certain eyewitnesses if necessary to ensure a fair trial.
The case concerns the death of Abhimanyu, a 21-year-old student who was fatally stabbed during a political clash at Maharajas College in Ernakulam on July 1, 2018.
The accused, allegedly associated with a student organisation named 'Campus Front' had attacked Abhimanyu and four other SFI activists following a dispute over campus poster placements. The attack resulted in Abhimanyu's death, while others sustained grievous injuries.
Following the incident, Ernakulam Central Police Station registered a first information report (FIR) under various provisions of the Indian Penal Code including Section 143 (unlawful assembly), Section 147 (rioting), Section 302 (murder), and Section 120(B) (criminal conspiracy), among others.
The police filed a charge sheet in September 2018.
The case was later posted before the Principal Sessions Court at Ernakulam, where it has remained pending for more than seven years.
Advocates EA Haris, MA Ahmad Saheer, Muhammed Yasil, Aagi Johny and Ravi Krishnan appeared for the accused.
Special Public Prosecutor C Rasheed represented the State.
Advocates Devika KR and KS Arun Kumar appeared for Abhimanyu's brother Parijith.
[Read Order]