Thamarassery forest office arson case may return to haunt accused

The sensational Thamarassery forest office arson case, which saw the police and forest officials turning hostile and the resultant acquittal of all the accused, may return to haunt the accused if the efforts of the Kerala Forest department succeed.

The Forest department has approached the police exploring the possibility of filing an appeal against the acquittal of all the 35 accused by the trial court six months ago. The department has also sought government permission to initiate disciplinary proceedings against the forest officials, including a section forest officer, a beat forest officer and two retired officials, who had turned hostile, said a senior official.

A mob of around 200 people, who were protesting against the Kasturirangan report on the Western Ghats, set the Thamarassery forest range office on fire on November 15, 2013, thus destroying case files, material objects in cases and a few vehicles. They had caused a damage of ₹77.09 lakh, according to the prosecution. The Karshaka Samrakshana Samithi had called for a hartal on the day protesting against the decision to implement the report.

The Western Ghats ecology expert panel and the Kasturirangan reports had caused a series of political turbulence in the State. Violent protests had taken place in many parts of the State against the panels’ recommendations.

‘Tardy probe’

K. Raihanath, the then additional public prosecutor in the case, said eight prosecution witnesses including senior police and forest officials had turned hostile, which resulted in the acquittal.

All the files in the case had gone missing, which hit the prosecution hard. Even the case diary was not made available to the prosecution to conduct the case. The prosecution was forced to use the copies of the certified copies of the statements of the witnesses and other documents, which had weakened its case. The investigation officer found it difficult to present evidence before the court in the absence of the case diary, she said.

She blamed the police for the tardy investigation and failure to collect evidence scientifically. The police even went to the extent of tampering with the evidence. There was an organised effort to sabotage the case, she said.

Ms. Raihanath said no investigation was ordered into the missing files, tampering of evidence and the officials turning hostile. Most of the police officers and forest officials had failed to identify the accused in court. A further investigation shall be conducted in the case as most of the prosecution witnesses had turned hostile. The destruction of evidence, tardy investigation and the organised attempts to sabotage the case shall also be probed, she said.

Eight prosecution witnesses including senior police and forest officials had turned hostile, which resulted in the acquittal.

Former additional public prosecutor in the case