In a significant turn in the Walayar rape and death case, the Kerala High Court has urged the Central government to consider appointing advocate Rajesh M. Menon as the Special Public Prosecutor, following a request from the victims’ mother.
The court emphasized that while the government holds the ultimate authority to appoint a Public Prosecutor or Special Public Prosecutor, the wishes of the victim or their representative must be acknowledged.
Justice A. Badharudeen noted that a victim or their advocate can request a preferred prosecutor, provided the lawyer is qualified for the role. Nevertheless, the final decision rests with the appropriate government—in this case, the Central government.
The June 12 judgment stated, “While the appointment of a Public Prosecutor or Special Public Prosecutor is within the government’s absolute power, the government should consider the victim’s request, especially given the petitioner’s situation, to appoint Adv. Rajesh M. Menon.”
The court has given the government three months to make an appropriate decision.
The Walayar case involves the tragic sexual assault and subsequent suicides of two minor sisters, aged 9 and 13, who were found hanging on separate dates at their home in 2017. Allegations suggest the assaults led the girls to take their own lives.
Initially, the accused were acquitted by a trial court in 2019. However, the family appealed to the Kerala High Court, which overturned the acquittal and ordered a retrial in 2021. The case was also handed over to the Central Bureau of Investigation (CBI) upon the victims’ parents’ request.
The victims’ mother subsequently requested the appointment of a Public Prosecutor of her choosing for the retrial, advocating for Rajesh M. Menon. However, the CBI opposed this, citing Menon’s previous representation of the victims’ family.
Contrary to the CBI’s stance, the High Court upheld the right of the victim’s representative to have a say in the prosecutor’s appointment. The court highlighted the defective investigation that led to the initial acquittal, justifying the mother’s insistence on a prosecutor she trusts to ensure a fair trial.
The court stated, “The mother’s intention to appoint a Special Public Prosecutor she trusts is valid, given the earlier negative verdict due to poor investigation. Her request should be given significant consideration and not dismissed.”
The Central government has been directed to review and consider the mother’s request for Menon’s appointment as the Special Public Prosecutor in the case.
The petitioner was represented by Advocate PV Jeevesh, while Additional Director General of Prosecution Grashious Kuriakose appeared for the State of Kerala. Advocate Sreelal N. Warrier represented the CBI, with Senior Public Prosecutor Renjit George also involved in the case.
