Muthanga Verdict Convicts Four, Leaves Adivasi Death Unaddressed

The Principal Sessions Court in Wayanad delivered its verdict on July 31 in the long-running Muthanga case, arising from the occupation of the Muthanga Wildlife Sanctuary in 2003. The agitation, which began in early January that year and continued until February 19, was led by the Adivasi Gothra Maha Sabha under C.K. Janu and M. Geethanandan. The protesters demanded that the government honour a 2001 commitment to distribute land to landless Adivasi families.

The occupation ended on February 19, 2003, when the government cleared the site through police action. One Adivasi protester and one police constable died that day.

In its verdict, the court held a single man, Ashokan, who has since died, responsible for the death of constable Vinod. The remaining 56 accused were found not guilty. Four leaders, including Geethanandan, were convicted on a conspiracy charge linked to the assault on a surviving officer and sentenced to five years' rigorous imprisonment. On August 21, the Kerala High Court suspended their sentences and granted bail pending appeal.

The trial did not examine the death of Jogi, an Adivasi man killed on the same morning in what officials described as a death during a police operation. In the judgment's opening statement, Jogi appears among the accused rather than as a victim, alleged to have tortured hostages under Geethanandan's direction and, with others, to have caused Vinod's death. His death thus entered the record in an adversarial role, before any question about his own killing was raised.

The scope of the case was set by the 2004 chargesheet, which asked who conspired against Vinod, who assaulted the officers and who caused his death. It did not address Jogi's death. The special prosecutor said Jogi's death fell outside the CBI's remit because police were discharging official duties that day.

Of the 47 prosecution witnesses, roughly half were police, forest officials or investigators, and none were Adivasis. The defence, representing the 57 accused, produced a single witness, whose testimony concerned the movement's welfare work rather than the eviction. When defence lawyers asked a police witness whether the eviction team had set fire to huts and beaten Adivasis as they fled, the answer was no.

The judgment recommends compensation for Vinod's family and the two surviving officers, but recommends nothing for Jogi's family. Vinod and Geethanandan both came from Dalit families.

The Muthanga agitation took place under a Congress-led government. Two decades later, Kerala is again governed by a Congress-led administration. The land promise that brought Adivasis to Muthanga in 2003 remains unfulfilled.