The Kerala High Court rejected the transfer plea of the accused in the Shuhaib murder case
The Kerala High Court has refused to hand over a writ petition filed by the accused in the alleged murder of Kannur Youth Congress leader SP Shuhaib.
The accused, including former DYFI leader Akash Thillenkery, demanded that the trial before the Additional Sessions Court, Thalassery, be transferred to any other court of competent authority.
Justice CS Dias ruled that just because the court passed an erroneous order does not warrant transfer of the case. The court held that the test for a transfer proceeding was not whether the impugned orders were correct, but whether the apprehension of an unfair trial was real and justified.
The court ordered the judge to ensure that both parties are given a full and effective opportunity to participate in the trial, including suo motu reopening of evidence and allowing the accused’s defense counsel to cross-examine witnesses and the accused to cooperate at trial.
The suit was filed in the High Court after the Thalassery court rejected the accused’s request to conduct question-and-answer examination of the witness and subsequently revoked the bail granted to the accused. The defendants claimed they had lost faith in the judicial process and believed they might not receive justice.
The court found that district judicial officials worked “in a charged atmosphere” and were “constantly under psychological pressure, and all the contestants and their lawyers were almost breathing down their necks, or rather, up to their nostrils.” It said that trial court judges did not have the benefit of the detached atmosphere of higher courts to think coolly and make decisions patiently. Any mistake, however gross it may appear, should not be attributed to an improper motive, the court said.
Acknowledging the applicant’s fear of an unfair trial, the High Court noted that a judge must exercise his powers without any hint of partisanship and without appearing to intimidate, coerce, mislead or intimidate witnesses or parties. The Bench also quoted Socrates on the qualities required of a judge as “to hear politely, to answer wisely, to think soberly, and to decide impartially”.
Published – 30 Sep 2026 07:00 IST