Shuhaib murder: Kerala HC stays trial proceedings
Kochi: High court on Wednesday issued an interim order staying the trial proceedings in the Mattannur Shuhaib murder case before the additional sessions court-III, Thalassery, in Kannur.
The bench of Justice G Gireesh issued the order on a petition by Akash alias Akash Thillankeri and two other accused in the case, seeking the transfer of the trial from the additional sessions court to another court. The bench also sought instructions from the state govt and adjourned the matter for consideration on June 15.
The petitioners sought the transfer of the case on the contention that the chief examination of witnesses by the trial court had not been conducted in accordance with Section 280 of the Code of Criminal Procedure (CrPC), which requires the judge to record material remarks regarding the demeanour of witnesses while they are testifying.
The petition further stated that, despite the petitioners seeking an adjournment of the trial on the ground that a transfer petition was pending before HC, the trial court proceeded with the proceedings. The sessions court subsequently cancelled the bail granted to the petitioners and remanded them to judicial custody, observing that their conduct was deliberate, obstructive and intended to protract and derail the trial. However, HC later stayed the order cancelling their bail and directed the trial court to issue orders for their release.
S P Shuhaib, a Youth Congress worker, was hacked to death on Feb 12, 2018, allegedly by a group of CPM workers while having tea with his friends at a shop in Therur near Edayannur.
The petitioners sought the transfer of the case on the contention that the chief examination of witnesses by the trial court had not been conducted in accordance with Section 280 of the Code of Criminal Procedure (CrPC), which requires the judge to record material remarks regarding the demeanour of witnesses while they are testifying.
The petition further stated that, despite the petitioners seeking an adjournment of the trial on the ground that a transfer petition was pending before HC, the trial court proceeded with the proceedings. The sessions court subsequently cancelled the bail granted to the petitioners and remanded them to judicial custody, observing that their conduct was deliberate, obstructive and intended to protract and derail the trial. However, HC later stayed the order cancelling their bail and directed the trial court to issue orders for their release.
S P Shuhaib, a Youth Congress worker, was hacked to death on Feb 12, 2018, allegedly by a group of CPM workers while having tea with his friends at a shop in Therur near Edayannur.
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