|
As
Rajan’s case continued, it was discussed widely, becoming a focal point for
those struggling after the Emergency. As the case progressed, those who had
supported the Emergency became more and more scared. The case was going against
their expectations, so they started making moves against it. The Malayala
Manorama newspaper supported them.
Four
days after the case was filed, Malayala Manorama published a slanderous
editorial against Rajan. It pained me so much that I wrote a reply, but it was
not published. I decided that I had to put the record straight, and the next day
another newspaper, Desabhimani, carried my reply.
Those
persons embarrassed by Rajan’s case went on to plan other ways to scuttle it. I
am sorry to say that their methods were unethical and immoral. All the more so,
given that the masterminds were prominent political and social personalities in
the state.
There
was a satirical magazine titled Asadhu published in Ernakulam those days.
Mr. Jesudas, one of the foremost cartoonists in Kerala, was its editor, and the
day after news of the habeas corpus writ broke, he wrote an article praising me
and criticising those who tortured Rajan. But after another two days he wrote a
slanderous article to the effect that Rajan hated me because of some alleged
immoral activities. This article pained me deeply, and I took it to Advocate
Eeswara Iyer. He too had read it, and was waiting for me, sure that I would
reach him once I saw the article. I cried in front of him, and asked him to take
this case also to the court. He said it would not serve any purpose to do so.
Unconvinced and disappointed I went to Advocate Ram Kumar. He agreed with Mr.
Eeswara Iyer, and consoled me. I left him silently.
Two
newspapers of the time owned by two prominent political parties—the Congress
mouthpiece Veekshanam and Communist Party of India’s
Janayugam—reprinted the article on their editorial pages. I never thought
that prominent newspapers could lower their moral standards to that extent.
What
surprised me most was Mr. Jesudas’ attitude. I never thought him to be the
spokesperson of any political party; nor did I think he could discredit himself
so much. The way he changed his attitude within two days was amazing. I have no
complaint about him not revealing the source of his information, but he should
have revealed his partiality. He would have lost nothing by it, and in fact
would have helped to clean the dirty political environment in the
state.
As the
trial progressed, some wellwishers suggested that Advocate Ram Kumar and myself
keep away from Ernakulam for a few days. We did so for two days. Many witnesses
appearing in court received threatening letters, but none took them seriously.
***
I
fought eight cases in different courts over Rajan’s disappearance. Though I was
not familiar with the courts and their proceedings, there were no flaws in the
conduct of these cases. It was not because of my efficiency, but due to my
lawyers and the inherent honesty of the case itself that all of them succeeded.
I entrusted everything to Advocates Eeswara Iyer and Ram Kumar. I trusted their
efficiency and honesty. I don’t know how to thank them for
this.
I have
described how I found the witnesses for the case, and also how the habeas corpus
writ was filed. Till then I was under the impression that the High Court or
upper courts would not summon the witnesses and that their affidavits would be
accepted as proof. So I had assured these witnesses that they wouldn’t have to
appear before the court. But at the beginning of the hearing, Mr. Eeswara Iyer
declared that we were ready to present all our witnesses in court and that they
could be cross-examined. This statement surprised the other advocates. Such a
thing had not happened before in the history of the High Court. But Mr. Eeswara
Iyer argued that this had happened in other courts in the country and also in
the Privy Council in England. The pleader for the Government of Kerala, Advocate
General Mr. T. C. N. Menon, had no counter arguments, so the two Divisional
Bench judges hearing the case, Justice Potty and Justice Khalid, agreed and
ordered accordingly.
Everybody
was happy about the court order, but it embarrassed me a bit as I had not told
the witnesses that they would have to come all the way to Ernakulam and appear
before the High Court. I was worried about their reactions, as I would have to
request them to appear. But my fear was unfounded. Everyone expressed readiness
to come. The same day I sent my brother Madhavan and his friend Mr. Rama Varier
to Calicut to get the witnesses. It was then that I came to know of secret
movements by the police against the case. I informed my friends in Calicut, and
they remained alert. I was worried until my brother and his friend returned with
the witnesses, but things moved so well that all the witnesses, including the
principal of the Engineering College, Mr. Vahabudeen, appeared before the court
in time.
The
respondents to the case consisted of Home Minister Mr. Karunakaran, Home
Secretary Mr. Narayana Swamy, Inspector General of Police Mr. V. N. Rajan,
Deputy Inspector General of Police Mr. Jayaram Padikkal, and Calicut
Superintendent of Police Mr. Lakshmana. All of them submitted separate
affidavits arguing that Rajan was never arrested and that they had never even
seen him.
The
court gave its verdict on April 13. The judges concluded that Rajan was arrested
by the police and tortured at Kakkayam camp. They ordered the authorities to
produce Rajan by May 22. The verdict created a furore. The respondents got
scared, and filed an appeal in the Supreme Court.
A
Division Bench consisting of Justice P. K. Goswamy and Justice V. C. Tulsapulkar
heard the case in the Supreme Court. Mr. Niren Dey, who was the Advocate General
during the Emergency, and Advocate Ram Kumar appeared for me. The Supreme Court
upheld the High Court verdict. I had also submitted a petition to the Supreme
Court arguing that the accused had submitted false affidavits in the High Court.
The Supreme Court found the affidavits of the accused false and likewise
directed the police and government to produce Rajan in court. By that time Mr.
Karunakaran was Chief Minister of Kerala. After the Supreme Court verdict he was
forced to resign, sending ripples through national politics. Rajan’s case became
a topic of discussion across the country.
The
Government of Kerala ordered an enquiry on the finding of the High Court that
Rajan was arrested and tortured at Kakkayam camp. It submitted before the
Supreme Court that this enquiry had found that Rajan was arrested and tortured
at Kakkayam camp. The High Court then ordered that the accused police be
prosecuted, and action taken against all accused for submitting false
affidavits.
Thus
there arose two cases. One was the prosecution case against the accused police.
The other was the case against all accused for submitting false affidavits.
Because these were criminal cases, the Government Pleader was to conduct them.
As I was sure that the Government Pleader conducting the cases would not obtain
justice, I submitted a petition to then Chief Minister Mr. A. K. Antony seeking
permission to conduct the cases with advocates of my choice. I also informed the
Chief Minister that I would meet all expenses in conducting the cases. But he
refused me permission, thereby proving that my fear was not
baseless.
Posted on 2004-09-07
|