Even after the completion of 9 years, controversies over the probe into the larger conspiracy in the planning and execution of the second Marad massacre looms large over the consciousness of citizens in the state.
Sparking off a new controversy, the Kerala High Court expressed dissatisfaction on Thursday over the probe into the second Maradu massacre case.
A division bench comprising Justices Sasidharan Nambiar and P. Bhavadasan observed that that the prosecution had failed to establish a conspiracy behind the incident.
“There was a more deep-rooted conspiracy that the officers seem to have deliberately overlooked for obvious reasons.
We have no hesitation to hold that a more intense and serious probe in this direction is absolutely necessary to bring the real culprits to book and expose what actually was the conspiracy and who are the conspirators,” the court observed.
As regards the offence of conspiracy in the case, the trial court considered the evidence on record and found that the prosecution had failed to prove a criminal conspiracy under 120 (B) charges against any accused person.
The court had observed that most of the accused are poor illiterate fishermen who were driven by communal passion.
“There is want of evidence to show as to what actually provoked and instigated them to the gruesome
murders. There is noting to indicate that the accused are beyond redemption and reformation,” the court held.
“Even though we have held that no conspiracy as such is proved, we are clear in our mind that the investigation in this direction is far from satisfactory,” the court held.
The court made the observation while dismissing the appeal filed by the state, seeking incorporation of section 120 B for criminal conspiracy.