People's Democracy

(Weekly Organ of the Communist Party of India (Marxist)


No. 46

November 17, 2013



HC Finds Magistrate’s Faults in Rape Probe


N S Sajith


IN what has surfaced as an unprecedented move to sabotage the solar panel scam investigation, the vigilance registrar of Kerala High Court found on November 13, 2013, that the additional chief judicial magistrate of Eranakulam had failed to record the main portions of the secret statement made by Saritha S Nair, the prime accused in the case. In this secret statement, she is said to have revealed that she was raped by many top politicians of the ruling United Democratic Front (UDF).


This shocking judicial finding suggests that the allegations made by the opposition Left Democratic Front (LDF) about the interference of the state government were justified. The finding became public through a reply to an RTI query. The magistrate’s reluctance to record Ms Saritha’s statement, despite having heard her for about 20 minutes in camera, has raked up huge protest all over the state. The LDF is building up a huge agitation including blockade of official residence of the Kerala chief minister, Oommen Chandi.


One may note that the vigilance registrar, S Mohandas, probed into the magistrate, N V Raju’s procedural lapses on the basis of a complaint. The High Court had sought an explanation from N V Raju within 15 days for not recording the statements of Saritha S Nair who clearly revealed that she was sexually exploited by top UDF politicians. The registrar’s report, submitted to the chief justice, stated it was not known whether Raju acted upon any external pressure.


The magistrate had informed the registrar that Saritha had indeed told him that she was sexually exploited by many. When the magistrate asked whether anyone had raped her, the answer was positive. When she was produced in the court, she had told the magistrate that she wanted to give a statement, but the magistrate didn’t take measures to record her statement. Instead, she was asked to give a statement to the superintendent of the jail where she was lodged.


It is learned that those who sexually exploited Saritha Nair include some persons who are ministers in the state and central governments today. The possibility of starting a new case is also being talked about now and the said magistrate may be called as a witness. The police have to make a suo moto case on the basis of the allegation of rape. The magistrate’s proffered justification was that he did not record of the statement about rape as he was not convinced about it. He also confessed that was not able to hear the names of the persons who had raped Ms Saritha.


CPI(M) state secretary Pinarayi Vijayan has demanded immediate dismissal of the magistrate, N V Raju, who played an important role in order to sabotage the case. The findings of the High Court’s vigilance registrar are serious and the latest revelation points to a high level conspiracy. This expose is thus likely to give a new turn to the whole solar panel case. The CPI(M) leader has demanded that the High Court’s administrative committee should take appropriate action against the move to sabotage the case and that the police must start a fresh case on the basis of the latest allegations.




LAUNCHING a scathing attack on communal forces, CPI(M) general secretary Prakash Karat has said that the RSS and the Sangh Parivar are trying to polarise the people on communal lines with an eye on the 2014 general elections. The recent spurt of communal violence reflected this design. 


Addressing a meeting at Kozhikode on November 8, 2013, Karat said, “Today we are facing several major challenges from the forces which want to undermine the democratic secular fabric of our society. Such forces are getting more aggressive." He said so while releasing the CPI(M)’s magazine Mukhyadhara (Mainstream), which is meant exclusively for the minority communities.


Referring to the Muzaffarnagar violence in UP, he said this was not an isolated case. Before that, a series of communal incidents had occurred in Uttar Pradesh and Rajasthan, and later in Bihar. Hence the secular and democratic forces should come together to rebuff the challenges posed by communal forces.


Karat also pointed out that such incidents were taking place at a time when the BJP was projecting Gujarat chief minister Narendra Modi as its prime ministerial candidate at the behest of the RSS. He accused that the Congress led UPA government was reluctant to implement the recommendation of Justice Rajinder Sachhar committee which highlighted the plight of Muslims and their backwardness in areas such as education and employment. The report of the Justice Ranganath Mishra commission, suggesting ten percent reservation for the Muslim community in jobs and education, too had not implemented so far.


Karat recalled how the Left parties were able to mobilise 14 non-Congress secular parties on a common platform on October 30 in a bid to fight communalism.


Releasing the Mukhyadhara quarterly, Karat handed its first copy over to Kutbuddin Ansari. CPI(M) state secretary Pinarayi vijayan delivered the keynote address. Dr K T Jaleel, who edits the magazine, also spoke about it.


A seminar “On Minorities, Secularism & Communal Fascism” was also organised in connection with the release. It was inaugurated by Shabnam Hashmi while Professor P T Abdul Latheef, deputy mayor of Kozhikode corporation, presided over the seminar. Dr K K Usman, Dr P A Fazal Gafoor, C K Abdul Azees, Dr Khadija Mumtaz, Prof A P Abdul Wahab, Jafar Atholi, Sahid Rumi, N Ali Abdulla, Dr Jamal Muhammed and Dr Hussain Randathani spoke in the seminar.


CPI(M) Central Committe member Paloli Muhammed Kutty released a book titled Malabarile Muslingalum Idathupakshavum (Muslims in Malabar and the Left Front) written by CPI(M) state secretary Pinarayi Vijayan.