Kerala High Court stays trial against Sriram Venkitaraman IAS in rash driving case

The Kerala High Court on Thursday stayed the further proceedings in the criminal trial against IAS officer Sriram Venkitaraman in connection with the 2019 rash driving case against him [Jaseela C v State of Kerala & ors].

The case involves allegations that Venkitaraman recklessly drove his car while under the influence of alcohol and rammed it into a motorcycle driver by journalist KM Basheer, resulting in Basheer’s death.

Basheer's widow, Jaseela C, has now filed a plea challenging the State government's decision not to appoint a Special Public Prosecutor (SPP) to conduct the trial, despite an earlier assurance to do so.

Justice G Girish briefly heard the plea today and sought the State's response on why it has refused to appoint an SPP to conduct the trial.

The Court proceeded to stay the trial proceedings as well for now.

Venkitaraman presently is facing trial for offences such as rash and negligent driving, causing death by a negligent act, and driving under the influence of alcohol or drugs under the Indian Penal Code and the Motor Vehicles Act.

The trial in the case began on August 1 this year, seven years after Basheer's death. The matter was initially posted before the Additional District and Sessions Court-I, Thiruvananthapuram.

However, it was later transferred to the Additional Sessions Court-IV since Venkitaraman's lawyer, senior counsel B Raman Pillai, faced difficulties in accessing the earlier courtroom on the first floor.

Basheer's widow, Jaseela had earlier filed a petition before the High Court, challenging this transfer. In the said plea, she also sought the appointment of an SPP to represent the prosecution.

She later decided not to press her challenge to the trial's transfer, and confined to seeking the appointment of an SPP.

In response, the State in August assured the Court thad it would appoint advocate A Santosh Kumar as the SPP.

On the basis of this submission, Justice CS Dias, by an order dated August 18, had deferred the trial proceedings until the notification appointing the SPP was issued. The Court also granted one month's time to the State to issue the notification.

The government, however, subsequently decided not to proceed with the appointment of the SP. This decision was communicated through a government order dated September 17, a day before the one month period fixed by the High Court was to expire.

Jaseela has now challenged this decision, contending that the government had effectively reversed the stance it had earlier taken before the High Court.

"The Government, it seems has made a U-turn by rejecting the prayer for appointment of the Special Prosecutor, even disowning its own stand voiced through Senior Prosecutor before this Hon’ble Court, which only was recorded by this Hon’ble Court," her latest plea states.

The petition has been moved by advocate M Revikrishnan.