Kerala High Court rejects transfer plea in Shuhaib murder case

The Kerala High Court has turned down a request by the accused in the alleged murder of S.P. Shuhaib, a Youth Congress leader from Kannur, to move their trial away from the Additional Sessions Court in Thalassery.

The petitioners, among them former DYFI leader Akash Thillenkery, had asked that the proceedings be transferred to another court of competent jurisdiction. Justice C.S. Dias held that an erroneous order by a court is not by itself grounds for transferring a case. The relevant question, the court said, is not whether the orders under challenge were correct, but whether the apprehension of an unfair trial is genuine and justifiable.

The plea followed two developments in the trial court: the rejection of the accused's request to examine witnesses in a question-and-answer format, and the subsequent cancellation of their bail. The accused told the High Court that they had lost faith in the trial court and feared they would not receive justice.

While declining to shift the case, the High Court directed the sessions judge to ensure that both sides get a full and effective opportunity to take part in the trial. This includes reopening the evidence suo motu, allowing defence counsel to cross-examine witnesses, and permitting the accused to cooperate with the proceedings.

The court also commented on the conditions under which district judiciary officers function, describing them as working in a charged atmosphere and under constant psychological pressure, with litigants and lawyers pressing close upon them. Trial judges, it noted, lack the detached setting available to higher courts to deliberate calmly and decide patiently. Every error, however serious it may appear, should not be read as a sign of improper motive, the court said.

Acknowledging the petitioners' concern about fairness, the High Court observed that a judge must exercise authority without any hint of partisanship and without appearing to frighten, coerce, confuse or intimidate witnesses or parties. It invoked Socrates on the qualities of a judge: to hear courteously, answer wisely, consider soberly and decide impartially.