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The Kerala High Court on Thursday held that an intensive probe is necessary to bring out the real culprits involved in the larger conspiracy behind the planning and execution of the Marad massacre in 2003.
Pronouncing the verdict in the second Marad case, a Division Bench comprising Justice M Sasidharan Nambiar and Justice P Bhavadasan observed that the prosecution has failed to establish the conspiracy behind the incident. “Even though the court has held that no conspiracy as such has been proved, we feel that the case investigation is far from satisfactory,” the court observed.
The court said that the investigation agency seemed satisfied with certain tit-bits and has left the matter there. “For the offence under section 120 B, only insignificant persons have been roped in. There is a deep-rooted conspiracy which the investigation officers seem to have deliberately overlooked for obvious reasons. The court has no hesitation to hold that a more intense and serious probe in this direction is necessary to bring the real culprits to book and expose the real conspiracy and the conspirators,” the Bench said.
Special Public Prosecutor P Vijayabhanu submitted that there were communal riots between the members of the Muslim and Hindu Araya communities in Marad. On January 2002, three Muslims were murdered by the members of the Araya community. In retaliation, nine people, including eight persons of the Araya community and one assailant, were killed. The accused had the hatched conspiracy at Marad Juma Masjid, Beypore Pulimutt, Marad Beach, Marwa Palace Tourist Home and five other places.
The petitioners pointed out that all the accused have been acquitted of criminal conspiracy charges. There has been a series of lapses on the part of the investigation officers in proving the conspiracy. The register of Marwa Palace has been manipulated. The details of the phone calls made by the accused have not been investigated.
“Though the list of calls were made available, there has been no investigation into the details of those persons,” the petitioners submitted.
The Judicial Commission which probed the case had made a recommendation for further inquiry, into the larger conspiracy involving the fundamental and other forces, and into the source of explosives and funds that the Crime BCID has failed or refused to investigate - an act that the Commission has described as quite suspicious and disturbing.
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