The apex court has directed him to face proceedings in the trial court and refused to go through the evidence he attempted to produce.
Published Aug 25, 2023 | 7:42 PM ⚊ Updated Aug 25, 2023 | 7:51 PM
Venkitaraman took charge as District Collector of Alappuzha but was soon removed from the post following public protests.(Supplied)
Kerala cadre IAS officer Sriram Venkitaraman, the prime accused in the infamous hit-and-run case that resulted in the killing of Malayalam journalist KM Basheer, suffered a severe setback on Friday, August 25, when the Supreme Court rejected his plea challenging the culpable homicide not amounting to a murder charge against him.
The apex court has directed the controversial officer, who allegedly committed the crime under the influence of alcohol, to face trial and said that only the trial court can decide whether the culpable homicide charge will prevail against him or not.
With the Bench — headed by Justice CT Ravikumar — refusing to intervene in the case in which the trial is about to begin, the officer, who is currently managing director of the Kerala State Civil Supplies Corporation, will have to face the charge of culpable homicide not amounting to murder.
Sriram Venkitaraman. (Special Arrangement)
Advocates R Basant and Raghenth Basant, who appeared on behalf of Venkitaraman, argued that there was no evidence to charge him with culpable homicide and claimed that the matter should be treated as a simple Motor Vehicle Department case.
They also claimed that the scientific test report showed no alcohol in his body after the accident.
The judge retorted that only the trial court could go through the genuineness of evidence submitted by the investigators in a case where there are no direct witnesses.
It was in April this year that the Kerala High Court set aside an order of the Thiruvananthapuram Additional Sessions Court that discharged Venkitaraman from the charge under Section 304 (culpable homicide not amounting to murder) of the Indian Penal Code.
Justice Bechu Kurian Thomas was partially allowing a revision petition filed by the state government, challenging the Additional Sessions Court order that discharged the IAS officer from the culpable homicide and other charges.
Then, Venkitaraman approached the Supreme Court, filing an appeal challenging the conclusion of the high court.
Basheer, Bureau Chief of the Malayalam daily Siraj in Thiruvananthapuram, was killed in a road accident on 3 August, 2019, when a speeding car — driven by Venkitaraman — hit his motorcycle and ran over him. The accident occurred post midnight at the Museum Junction in Thiruvananthapuram.
As per the prosecution charge, Venkitaraman was driving the vehicle beyond the permissible speed limits and under the influence of alcohol when the tragedy occurred. In the car, the officer was accompanied by his friend Wafa Firoz.
Journalist K M Basheer, who was killed in the hit-and-run incident. (Supplied)
In the high court and Supreme Court, Venkitaraman had argued that there was no evidence to prove that he drove the vehicle under the influence of alcohol.
However, the criminal revision petition filed by the state government in the high court, said that both Venkitaraman and Firoz were under the influence of alcohol at the time of the incident. The petition had also mentioned the duo’s reluctance to provide blood samples, allegedly in an attempt to destroy evidence.
The government also argued that Venkitraman had tried to delay treatment when he was taken to the General Hospital in Thiruvananthapuram after the accident.
According to the prosecution, the doctor on duty at the General Hospital in Thiruvananthapuram had directed the accused to consult a surgeon and referred him to the Medical College Hospital, Thiruvananthapuram, for injuries sustained in the incident.
The IAS officer, however, went to private hospital KIMS in Thiruvananthapuram without informing the police.
It was also understood that the accused “purposely delayed” the collection of his blood sample in an attempt to dilute the alcohol content. The lower court did not consider the delay, the appeals courts were told.
“The statements of witnesses, in unequivocal terms, stated that the first accused was in an inebriated state. Being a qualified doctor and a civil servant, he is well aware of the natural consequences,” the counter-petition by the government in the Supreme Court said.
It further argued that if the act were done with “the knowledge of the dangerous consequences”, the case would fall under Section 304 of the IPC.
“Knowledge is the awareness of the person concerned about the consequences of his omission or commission, indicating his state of mind. There may be knowledge of likely consequences without any intention. Hence, the court below ought to have proceeded with the trial of the accused under Section 304 of the IPC,” the government informed the apex court.
The prosecution also claimed that the lower court had exceeded its jurisdiction in exercising its power of discharge and acted beyond the scope of Section 227 of the Code of Criminal Procedure.
On 3 August, 2019, Venkitaraman’s friends organised a cocktail party in his honour at a guest house for IAS officers in Kowdiar, Thiruvananthapuram. After the party, Venkitaraman and Firoz drove off in the latter’s Volkswagen Vento, allegedly drunk.
Basheer was on his way home when their speeding car spun out of control and killed him. It was reported that Firoz had initially said that she was at the wheel, which eyewitnesses disputed.
The incident and the subsequent police probe led to widespread resentment against the Pinarayi Vijayan-led LDF government, which allegedly favoured Venkitaraman. The charge sheet filed against Venkitaraman later listed 100 witnesses and submitted 75 items of evidence.
The journalists’ union and Basheer’s family accused the government of conducting a botched probe.
Though suspended from service after the incident, Venkitaraman was reinstated as the joint secretary of the Department of Health and Social Justice in March 2020, despite a public outcry against the move.
His appointment last year as district collector of Alappuzha drew massive criticism. Within a week, he was transferred and appointed head of the Kerala State Civil Supplies Corporation in Ernakulam.
When reports alleged Venkitaraman was destroying evidence, Chief Minister Pinarayi Vijayan said that the government would not let him go scot-free. He said that the rule of the law would prevail and Basheer’s family would get justice.
On his part, Venkitaraman maintained that he was suffering from retrograde amnesia — a form of memory loss.
According to the World Health Organization, “Driving under the influence of alcohol, or drink-driving, is a key risk factor for 27 percent of all road injuries.”
Born in an influential Brahmin family in Kochi and having bagged the second rank in the civil service examination in 2013, this medical doctor-turned-civil service officer soon went on leave and opted for a higher education programme in the US.
In 2019, Venkitaraman returned to Kerala, ending his extended leave from service and the government appointed him the head of the Survey Department.
Within a week of returning, Venkitaraman turned prime accused in the infamous hit-and-run case. Venkitaraman was about to take charge as survey director the next day.
Intense pressure from journalists, human-rights activists, and the general public forced the state police to charge him with culpable homicide, rash and negligent driving, drunk driving, and destroying evidence.
