Muthanga agitation: Geethanandan, three others move High Court challenging conviction

Four of the accused in the Muthanga land agitation case have approached the Kerala High Court, challenging their conviction and sentence by the Principal Sessions Court, Kalpetta. The appeal was filed by social activist M. Geethanandan, along with Rameshan, Binu and Anilkumar.

The Kalpetta court had found them guilty of attempting to murder Senior Civil Police Officer Abdul Salam, kidnapping Forest Range Officer P.K. Sasidharan, causing grievous hurt with dangerous weapons, and offences against public tranquillity. They were sentenced to five years of rigorous imprisonment and a fine of ₹36,000 each.

In their petition, the accused have argued that the trial court erred in framing charges against them. They contended that the court only found a prima facie case of criminal conspiracy, which, according to them, does not satisfy the legal requirements for the offences they were convicted of. They have sought to quash the conviction and sentence.

Notably, the Kalpetta court had acquitted the four of the charges of murder, abduction and dacoity, stating that the prosecution failed to establish a criminal conspiracy against Geethanandan and the others. However, the petitioners now claim that the court should have examined the conspiracy charge beyond reasonable doubt, implying a legal inconsistency in the judgment.

The Muthanga agitation dates back to 2003, when hundreds of indigenous families, united under the Adivasi Gothra Maha Sabha (AGMS), occupied land inside the Muthanga Wildlife Sanctuary in Wayanad, demanding equitable distribution of land. In response, armed police and forest officials moved in to evict them, leading to a violent confrontation. The trial concluded on July 31, 23 years after the events.

Of the 57 people accused in the case, 15 passed away before the trial concluded. One of them, Asokan, the second accused, was found guilty of delivering the fatal blow to police constable K.V. Vinod, who died during the agitation. The present appeal concerns only the four living accused who have been convicted.

The appeal is expected to be heard in the coming weeks. The Kerala High Court will examine the legality of the trial court's judgment, primarily the manner in which the charges were framed and the evidence assessed. The petitioners have maintained that the conviction is based on an erroneous interpretation of the law.