Kerala HC rejects in camera trial plea in SFI activist Abhimanyu murder case
Kochi: The Kerala High Court on Wednesday rejected a plea by the accused in the 2018 murder of SFI activist Abhimanyu seeking an in camera trial, holding that criminal proceedings are ordinarily required to be conducted in open court.
Justice C.S. Dias upheld the order of the Ernakulam Principal Sessions Court, which had earlier rejected the plea for a closed-door trial.
The court, however, directed the trial court, in coordination with the police, to ensure that nobody photographs or video records the trial or the accused while they are inside the courtroom.
It also said the trial court could consider restricting the entry of the public or particular persons during the examination of eyewitnesses, if required to ensure a fair trial.
The case relates to the killing of 21-year-old Abhimanyu, an SFI activist, at Maharaja’s College in Ernakulam on July 1, 2018.
He was allegedly stabbed during a clash linked to a dispute over putting up campus posters.
Four other SFI activists were also attacked in the incident.
The trial is currently pending before the Ernakulam Sessions Court against 16 accused.
Investigation is continuing against 10 others.
The accused had argued that there was a possibility of eyewitnesses identifying them after seeing their photographs or videos in the media.
They pointed out that no test identification parade had been conducted and expressed apprehension that the trial could receive extensive media coverage.
The prosecution opposed the plea, saying that open court proceedings were the rule and an in camera trial was an exception under Section 366 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
It also submitted that arrangements had been made to prevent law and order problems and ensure the safety of witnesses.
The High Court held that Section 366 BNSS clearly recognises open court proceedings as the general rule.
At the same time, it gives the presiding judge the power to restrict access when circumstances warrant it.
The court said the apprehension raised by the accused related to the possibility of their being exposed to witnesses and not to any threat, intimidation, or disturbance during the trial.
The murder case has been pending for more than seven years after the police filed the charge sheet in September 2018.
