CPM running misleading campaign portraying bail as acquittal in Periya case: Unnithan

Kasaragod: The CPM is running a misleading campaign portraying bail granted to four of its leaders, including former MLA K V Kunhiraman, as acquittal in the Periya double murder case, said Kasaragod MP and Congress leader Rajmohan Unnithan. The CPM is organising a reception for the four convicted leaders as if they are freedom fighters when, in reality, only their sentence was suspended, not their conviction, said Unnithan in a press conference in Kasaragod on Friday. "These public receptions and campaigns are vitiating the peaceful atmosphere in the district," he said.

The special CBI trial court on January 3 sentenced former Udma MLA and CPM's District Secretariat member K V Kuhiraman (62), Kanhangad Block Panchayat President and CPM's District Committee member K Manikandan (45) and two CPM leaders Raghavan Velutholi (54) and K V Bhaskaran (58) to five years in prison and slapped a fine of Rs 10,000 each for forcibly rescuing an accused in the Periya double murder case from police custody. The accused and nine others were found guilty of murdering Youth Congress workers Kripesh and Sarathlal on February 17, 2019, and sentenced to double life imprisonment.

The four CPM leaders, who were handed five-year jail term, approached the High Court of Kerala seeking suspension of the sentence. The bench of Justices P B Suresh Kumar and Jobin Sebastian on January 8 suspended the execution of their sentence and gave two specific reasons for their decisions. "The sentence was put on hold because the High Court is not likely to hear their appeal for the next five years because of the backlog of cases," Unnithan said, quoting the High Court order.

The order stated that the High Court is currently hearing appeals of individuals in custody since 2018. "In other words, the above (CPM leaders') appeal is not likely to be taken up for hearing before the applicants complete their fixed term of sentence," it said. Unnithan explained that if their sentence had not been suspended, they would have served their time by the time their appeal was heard.

The judges also said that it is normal to suspend the execution of sentences in similar cases and grant bail to the convicts. (CBI's prosecution team said that when the jail term is less than seven years, the higher courts often suspend the sentence without considering the merits of the appeal.)

Unnithan said each of the four CPM leaders paid a fine of Rs 10,000 imposed by the CBI court and executed a bail bond of Rs 50,000 to secure their release as per the high court order. "After paying a total fine of Rs 40,000, which goes to the families of Kripesh and Sarathlal, how can they claim the high court exonerated them," the Kasaragod MP asked.

On January 9, when the four leaders came out of the Kannur Central Prison, K V Kunhiraman told the waiting journalists that "a fortress of lies has crumbled with the High Court's decision".

"The High Court's decision has reinforced our faith in the justice system. The party and its supporters have been with us and our family. There was no conspiracy involved. Our names were added since we were party leaders," Kunhiraman said.

CPM's State Committee member P Jayarajan, who was at the Kannur prison to receive the leaders, said the CBI was part of a political agenda aimed at portraying CPM as a party of murderers.

Unnithan said the CBI court did not convict Kunhiraman and others on a whim. "Police officers of Pinarayi Vijayan's government testified in the CBI court that the four CPM leaders rescued the accused, who was later convicted of murder, from their custody," he said.

The CPM has the legal option to go up to the Supreme Court to get the conviction of their party workers and leaders reversed, he said. "But we will also go till Supreme Court to ensure their conviction is upheld," he said.

The MP said the Congress has decided to move the High Court against the acquittal of the 10 CPM workers in the double murder case. "We will also seek further investigation into the case to bring the CPM leaders who incited and conspired to murder Kripesh and Sarathlal to justice," he said.