Kerala HC allows conditional suspension of jail sentence of 4 convicts in 2003 Muthanga land agitation cases

Kerala High Court on Friday permitted the conditional suspension of the five-year jail sentence for four individuals convicted in the 2003 Muthanga land agitation cases. The decision pertains to the attempted murder of police constable Abdul Salam and forest range officer PK Sasidharan, incidents that occurred during the protests against the allocation of land to tribal communities in Wayanad district. The four accused, M Geethanandan (72), Binu (54), Ramesan (53), and Anilkumar (48), were found guilty by the Kalpetta Sessions Court on July 31. They received five years of rigorous imprisonment and fines of ₹10,000 each for offenses such as attempt to murder, wrongful restraint, wrongful assembly, and rioting. Their legal representatives challenged the conviction, arguing that the sessions judge had not conclusively established the commission of the offenses, merely finding them prima facie. The counsel representing the Central Bureau of Investigation, which investigated the cases linked to the Muthanga land agitation, also noted that an appeal would address perceived flaws in the judgment. In its ruling, the High Court bench presided over by Justice A Badharudeen acknowledged the appellants' “arguable case.” It emphasized that the applicants’ claims of innocence were supported by the arguments presented. However, the court noted that the public prosecutor had highlighted the accused's criminal histories. As a result, the court approved the suspension of the sentence under specific conditions. These include the deposit of the full fine amount, execution of a ₹1 lakh bail bond with two solvent sureties, and avoidance of further criminal activity. The accused will remain in custody until the fine amounts are fully realized. The cases stem from a historical land agitation led by the Adivasi Gothra Maha Sabha, under the guidance of Geethanandan and CK Janu, within the Wayanad wildlife sanctuary in Muthanga. The protest, initiated in January 2003, aimed to pressure the then United Democratic Front government into allocating land parcels to tribal communities. Tensions erupted on February 19, 2003, when police and forest department personnel launched an operation to remove the protesters from the sanctuary. Police deployed pellets and tear gas to clear the area, leading to heightened conflict. During the confrontation, constable Salam and forest officer Sasidharan were detained by the tribespeople. This act triggered police gunfire, resulting in the death of tribal member Jogi and the fatal injury of police constable Vinod. Official records documented only two fatalities, yet human rights organizations and tribal groups estimated more than a dozen deaths. The alleged indiscriminate shooting by the police, reportedly without provocation, drew widespread condemnation from rights groups. This incident marked a pivotal moment in the history of Adivasi land rights in Kerala. Late Justice VR Krishna Iyer, in his initial report, described the police actions as “excessive.” The Muthanga incident prompted significant policy reforms regarding land distribution to tribal communities in the state. Subsequent governments have since prioritized addressing landlessness among tribal populations, reflecting the enduring impact of this historical event.