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I filed
a civil case demanding compensation for the death of my son. The accused
consisted of the Government of Kerala, Mr. Jayaram Padikkal, Mr. Lakshmana, Mr.
Kunjiraman Nambiar and Mr. Pulikkodan Narayanan. The case was first filed at the
court at Vadakara and later transferred to Calicut as demanded by the
accused.
I had
to pay the court a huge amount of money as court fees for this case. Since I
couldn’t afford to pay the amount, I filed a petition to the court submitting
that I am a pauper, hence I might be exempted from paying the court fees. For
the court to accept this petition I had to prove that I was very poor
financially. But the accused, including the Government of Kerala, argued that I
was financially well off and that I had the capacity to pay the court fees. They
tried to find out where and how much wealth I had.
The
case at the Coimbatore Sessions court was a criminal case. But the case for
compensation was a civil case and I was personally responsible for conducting
the case. At this time Advocate Eeswara Iyer passed away. So Mr. Ram Kumar alone
was looking after the case, and to help him, an advocate from Calicut named Mr.
Sreedharan Pillai. The accused had an army of very prominent and efficient
lawyers arguing the case for them. The fact that Advocate Ram Kumar argued the
case successfully against these prominent lawyers was itself wonderful. The
public prosecutor Mr. Achutha Menon appointed by the then Chief Minister Mr. A.
K. Antony had argued my case in the criminal trial at Coimbatore. All readers
now know the shabby way in which he conducted the case. When these two cases are
compared, the discordance in the judicial system is embarrassing to those who
wish to see justice done. Nowadays, the practice of changing prosecutors by
changing governments, even monthly, is also increasing. When the prosecutor for
the notorious Soorya Nelli case was appointed, I wondered what the fate of that
case would be… sorry, I am straying away from the topic.
There
were almost sixty witnesses in the compensation case. At its conclusion, the
court ordered the accused to pay me Rs. 600,000 compensation individually or
collectively.
The day
after the court verdict, the Government of Kerala started proceedings against me
to confiscate my house, for not paying the court fees for the case. The
newspapers reported this with great importance. The surprising factor was that
never had the government moved so fast and never was its machinery so efficient
as in this instance. The bureaucracy was attempting to tarnish the image of the
left front government then lead by Mr. Nayanar, state leader of the Communist
Party of India (Marxist). But the Chief Minister could figure out what was going
on, and as soon as the news reached him, Mr. Nayanar issued an order to the
District Collector in Ernakulam to pay the full amount of compensation due to
me. The Collector came to me that afternoon with a draft for the amount, which I
cashed, paid what was owed to the government, and saved myself.
Posted on 2004-09-07
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