KOCHI: The Kerala High Court on Tuesday upheld the order of the CBI Special Court which awarded life-term imprisonment to former IG K Lakshmana, the second accused in the custodial murder of Naxalite Varghese. The Division Bench comprising Justice Thottathil B Radhakrishnan and Justice S S Satheeshachandran also upheld the decision of the trial court to acquit former DGP P Vijayan, the third accused. “There is justification for the finding by the trial court that Varghese was caught alive and later murdered. There is no reason to doubt the credibility of the statement of former CRPF constable Haneefa, the 21st witness in the case. There is continuity in the information he provided and ultimately there is evidence against Lakshmana to uphold his sentence,” the court said. “The prosecution mainly relied on Haneefa’s statement to prove that Varghese, who was caught by the police, was in their custody till death. The argument by Lakshmana that there were contradictions in Haneefa’s statement is baseless. The prosecution could prove the allegation against Lakshmana by relying on the statements of more than one witness, including Haneefa,” the court said.The court observed that there was nothing unusual in the acquittal of former DGP. “The CBI has not challenged the decision. Considering the age of the accused and the delay in procedures, the decision of the trial court and the sentence is suitable,” the High Court said.Naxal leader Varghese was shot dead in the Thirunelli forests in Wayanad on February 18, 1970. The CBI took over the investigation in 1999 as directed by the High Court on the basis of a petition filed by the family members and fellow activists of Varghese. They approached the court on the basis of former police constable P Ramachandran Nair’s revelation that he had shot Varghese to death on the orders of Lakshmana, the then Deputy Superintendent of Police. Ramachandran Nair died in November 2006. He is the prime accused in the chargesheet filed by the CBI.
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