Kerala High Court rejects closed‑court plea in Abhimanyu murder trial

Decision

The Kerala High Court has upheld the Ernakulam District and Sessions Court’s rejection of a request for an in‑camera trial in the Abhimanyu murder case. Justice C.S. Dias said the case circumstances do not merit a closed‑court direction. The court ordered that photography and video‑recording of the accused be banned inside the courtroom and that public entry be considered for restriction while eyewitnesses are examined.

Reasoning

Petitioners had argued that unrestricted entry of students, political workers, public representatives and media could cause crowding and hinder witness examination within the limited trial period. They also claimed the accused had not been given a test identification parade and feared prior exposure to witnesses through photos or videos could affect fairness. The State countered that open‑court trials are the norm, that the prosecution had arranged security to prevent law‑and‑order issues, and that witnesses had already identified the accused through a photo identification parade conducted by the Executive Magistrate and earlier police procedures. The bench referred to the Bharatiya Nagarik Suraksha Sanhita, 2023, which recognises open‑court as the general rule but allows the presiding officer discretion to restrict access when needed for proper justice.

Context

In Indian criminal law, hearings are normally public; a closed‑court or in‑camera trial is allowed only when the judge believes it is essential to protect the integrity of the process.