The mother of slain Student Federation of India (SFI) leader, Abhimanyu, has approached the Kerala High Court, seeking justice for her son’s murder. Her petition highlights the significant delay in the trial proceedings, raising concerns about the slow pace of justice in the case. This petition marks a new chapter in the ongoing legal battle and seeks to expedite the process of holding those responsible for Abhimanyu’s death accountable.
Background
Abhimanyu, an active member of the SFI, was tragically killed during a violent confrontation in 2019. His death has been a focal point for political discourse in Kerala, with various political parties and organizations expressing their outrage over the incident. The delay in the trial has left his family and supporters frustrated, as they seek justice for the young leader’s tragic demise.
Abhimanyu’s mother, who has been vocal about the need for a speedy trial, has now moved the Kerala High Court after waiting for years without significant progress in the case. The petition specifically calls for the intervention of the court to address the prolonged delay and ensure that the accused are brought to justice.
Key Arguments
Delay in Trial
- Request for Expedited Proceedings: In her petition, Abhimanyu’s mother argues that the delay in the trial is causing unnecessary emotional distress to the family and undermining the sense of justice. She emphasizes that the longer the trial is delayed, the greater the risk of injustice, as witnesses may forget key details or become inaccessible, and the accused may exploit the procedural delay to avoid accountability.
- Impact on Victims’ Families: The petition underscores the emotional toll such delays have on the families of victims, who are left waiting for closure and justice. It also raises concerns about the wider implications of such delays in the judicial process, which can erode public trust in the legal system.
Call for Immediate Action
- Court’s Role in Speeding Up the Process: Abhimanyu’s mother has urged the Kerala High Court to take immediate action to ensure that the trial is concluded swiftly. She seeks a directive to the trial court to expedite proceedings and prevent any further delays that could hinder justice.
- Legal Precedents on Delays: The petition also references various legal precedents where the courts have intervened in cases of prolonged delays, calling attention to the constitutional right of the victims’ families to access timely justice.
Legal and Policy Implications
- Right to Speedy Trial: This case brings attention to the crucial right of individuals and families to a speedy trial under Article 21 of the Indian Constitution. The delay in trials can lead to the erosion of public confidence in the judicial system, making it important for courts to ensure timely justice.
- Reforms in Criminal Justice System: The delay in Abhimanyu’s case may prompt discussions about the need for reforms within the criminal justice system, particularly in terms of case management, witness protection, and judicial accountability. This case could bring further attention to the need for better resource allocation to speed up trials, especially in high-profile cases.
- Impact on Political Violence Cases: Given the political context surrounding Abhimanyu’s death, this case could have a wider impact on cases involving political violence. If the Kerala High Court steps in and facilitates a quick resolution, it could set a precedent for similar cases where political motives influence the judicial process.
Conclusion
Abhimanyu’s mother’s plea to the Kerala High Court brings to the forefront the challenges of delays in criminal trials and the need for timely justice, particularly in cases of politically charged violence. The petition not only seeks justice for Abhimanyu but also highlights the broader issue of delays in the judicial system, which undermine the very principles of justice. The Kerala High Court’s response to this petition could play a key role in ensuring that justice is delivered, and it may also set a precedent for how political violence cases are handled in the future.