A Bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari stated that the case requires to be considered in detail and granted special leave to appea
Two months after the Madras High Court acquitted anti-caste activist Kausalya Sankar’s father and maternal uncle in connection to the murder of her husband Sankar, the Supreme Court has issued a notice in an appeal against the acquittal. A Bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari stated that the case requires to be considered in detail and granted special leave to appeal.
Following the High Court’s judgement stating that there were gaps in the investigation and lack of evidence to convict Kausalya’s relatives, she appealed to Apex court to ensure conviction. Senior advocate Nitya Ramakrishnan appeared on behalf of Kausalya and requested the court to direct the accused to refrain from travelling abroad. However the court, according to Bar and Bench refused to do this. According to the website, the additional advocate general of Tamil Nadu sought for the case to be expedited but the court pointed out that service of the plea was yet to be completed.
On June 22, a division bench of the Madras High Court set aside all charges against Kausalya’s father and observed that the state had failed to prove criminal conspiracy in the case. The court however did convict the five men who were seen in the CCTV footage attacking Sankar. However instead of death penalty, which was given by the lower court, they were sentenced to life imprisonment.
The court’s verdict had shocked the state government, activists and the family of Sankar who was murdered in broad daylight in Tiruppur district. Sankar was a Dalit man and he was hacked to death for marrying Kausalya who belongs to the Thevar community. A district court which first took up the case acquitted Kausalya’s mother but convicted her father Chinnasamy for criminal conspiracy in the murder.
The Madras High Court however disputed all but one of the evidence provided by the prosecution. The court stated that the prosecution had failed to prove transfer of money from Kausalya’s father to allegedly hired assassins. The bench pointed out there was not enough proof to show Chinnasamy booked the room for the murderers. It further disputed that the eyewitness statements were not satisfactory and that a previous complaint given by Kausalya against her family had been withdrawn. The only evidence it admitted was the electronic proof that showed that Chinnasamy had spoken to the assassins. This however, the court ruled, was not enough to prove criminal conspiracy.
Source: The News Minute