CASE DIARY 1 - ബസ് ഡ്രൈവര് തോമാച്ചന്നു പറ്റിയ അമളി
Sitting in his swivel chair, in his Office, smoking his pipe, Ponnappa was dictating case notes to Basi (Bhaskaran Pilla) his Clerk, in chaste Malayalam and Bhasi was religiously penning the notes in green colored bond papers.
“Pradhishedha prakatanam sangharshaaparamaakumpol athu kalaabathil avaseshikkunnathum, prakobanamaakunnathum sowbaavikamaanu. Ee oru saagajariyathil poleesukaar paalikkenta chila maanathandangalundu. Uthaakaranathinu, laathi charju, jala beerangi prayokam, muttinu thaaze vedi vaikkuka ivaiyokka kerala police bharana katanayil adivarayittu kurichuttulla maanathandangalaanu. Pakshe, poleesukaar ee parimithikalokka avakanichukontaanu pravarthichathu. Poleesinte ee athikramathine, anaasthaye njnaan rookshamaayittu abalabikkunnu.
Aluva railway station parisarathu. gadagatha kurukku anubhavappatunnathu naam thainantharam kaanunnathaanu. Pradhishedha prakatanam karanam annu vaakana gadagadam sthambicha avasthaiyaanu undaayathu. Ee oru saagajariyathil ente katshi, A.T. Union Bus Driver, Padinjaaru Parambil purayidathu Ousepachante makan Thoma enna Thomaachan, 40 Mile speedil bus odichu oru aal mel bassu keyatti konnu ennu parayunna poleesinte aaropanam thikachum oru kaabattiyamaanu. Poleesinte F.I.R il thane orupaadu apaagathakaluntu. Yathaartha prathiye kittiyillankil oru niraparaathiye prathiyakki kotathi mumbil avatharippikkunna poleesinte ee pravanathaye kurichu bekumaanappatta kotathiyotu njnaan visatheekarikkenta kariyamilla.
Ente Katshi Thomaachan Saanthanum, sansobhaaviyumaaya oru satya kristhiyaaniyaanu. Addhekam 40 Mile speedil bus odichu oru aal mel bassu keyatti konnu ennu parayunna Policinte F.I.R il ottum kazhambilla. Vasthuthai illaatha Prosecutionte aarobanathe nirasichukontu niraparaathiyaaya ente katshi Thomaye nirvaathikam vittayakkanamennu begumaanappatta kodtathiyotu jnaan vinayapoorvam abhyarthikkunnu. That's all Your Honor.”
Translation
When the protest demonstration turns violent, it naturally culminates into a riot. Under these circumstances, there are certain clear cut procedures and limitations that the Police should adhere to. For example, lathi charge, use ofwater canon, shooting below the knee etc. These procedures are very clearly underlined in the Kerala Police Procedure Manual. However, the Police have totally ignored these limitations and acted highhandedly. I vehemently condemn this highhandedness and indifference of the Police.
We all know that traffic-jam is a daily occurrence in the vicinity of Aluva Railway station. Because of the protest demonstration, the entire traffic came to a total standstill on the day of this incident. Under these circumstances, the Police allegation that my client, A.T. Union Bus driver Thomas, son of Ouseph was driving the bus at a speed of 40 Miles, ran over and killed the victim is totally false and malicious. There are many irregularities and contradictions in the Police F.I.R itself. The Honorable Court needs no elaboration from me about this tendency of the Police to present an innocent person to the Court as the accused when they (Police) fail to apprehend the real culprit.
My client Thomas is a peaceful and good natured true Christian. There is no substance in the Police F.I.R that he ran the bus at a speed of 40 Miles, ran over and killed the victim. Hence, I humbly pray to the Honorable Court to dismiss the false allegation which the Prosecution has failed to establish and unconditionally release my innocent client. That’s all Your Honor.
Ponnappa paused to light his pipe once again and Bhasi looked up. “Enthaa kaariyam Bhaskara?” (what’s the matter Bhaskaran?) Ponnappa enquired.
“Eente arivil sambhava dhivasam, Pradhishedha prakatanam onnum nadannuttilla” (To my knowledge, no protest demonstration was held during the day of the incident). Bhasi expressed his concern in an undertone.
“Bhaskara, annu Pradhishedha prakatanam nadannuttillannu theliyikkentathu prosecutionde joliyaanu. Nammudedhalla. Thannayumalla, ee nachicha naattil Pradhishedha prakatanam natakkaatha divasankalilla. Pradhishedha prakatanam kalaabathil kalaasichathukontu thaan polum annu veettil etthaan vaikiyille?” (Bhaskara, it is the job of the Police and not ours to prove that no protest demonstration was held during the day of the incident. Besides, there is not a single day when some protest demonstration or other was not held in this cursed country. Also, were you not delayed in reaching home that day because the protest demonstration became violent and turned into a riot?)
As Ponnappa tossed the ball back into Bhasi’s Court , Bhasi unwittingly became an eyewitness to a Protest Demonstration that never happened!!
Needless to add that Prosecution case was dismissed by the Court as unsustainable and bus driver Padinjaaru Parambil Purayidathu Ousepachante makan Thoma enna Padinjaaru Parambil Thomaachan was acquitted as innocent and his boss Julian (proprietor of A.T. Union) rewarded Ponnappa with a purse of Gold, out of which Bhasi also got his fair share!!
“Pradhishedha prakatanam sangharshaaparamaakumpol athu kalaabathil avaseshikkunnathum, prakobanamaakunnathum sowbaavikamaanu. Ee oru saagajariyathil poleesukaar paalikkenta chila maanathandangalundu. Uthaakaranathinu, laathi charju, jala beerangi prayokam, muttinu thaaze vedi vaikkuka ivaiyokka kerala police bharana katanayil adivarayittu kurichuttulla maanathandangalaanu. Pakshe, poleesukaar ee parimithikalokka avakanichukontaanu pravarthichathu. Poleesinte ee athikramathine, anaasthaye njnaan rookshamaayittu abalabikkunnu.
Aluva railway station parisarathu. gadagatha kurukku anubhavappatunnathu naam thainantharam kaanunnathaanu. Pradhishedha prakatanam karanam annu vaakana gadagadam sthambicha avasthaiyaanu undaayathu. Ee oru saagajariyathil ente katshi, A.T. Union Bus Driver, Padinjaaru Parambil purayidathu Ousepachante makan Thoma enna Thomaachan, 40 Mile speedil bus odichu oru aal mel bassu keyatti konnu ennu parayunna poleesinte aaropanam thikachum oru kaabattiyamaanu. Poleesinte F.I.R il thane orupaadu apaagathakaluntu. Yathaartha prathiye kittiyillankil oru niraparaathiye prathiyakki kotathi mumbil avatharippikkunna poleesinte ee pravanathaye kurichu bekumaanappatta kotathiyotu njnaan visatheekarikkenta kariyamilla.
Ente Katshi Thomaachan Saanthanum, sansobhaaviyumaaya oru satya kristhiyaaniyaanu. Addhekam 40 Mile speedil bus odichu oru aal mel bassu keyatti konnu ennu parayunna Policinte F.I.R il ottum kazhambilla. Vasthuthai illaatha Prosecutionte aarobanathe nirasichukontu niraparaathiyaaya ente katshi Thomaye nirvaathikam vittayakkanamennu begumaanappatta kodtathiyotu jnaan vinayapoorvam abhyarthikkunnu. That's all Your Honor.”
Translation
When the protest demonstration turns violent, it naturally culminates into a riot. Under these circumstances, there are certain clear cut procedures and limitations that the Police should adhere to. For example, lathi charge, use ofwater canon, shooting below the knee etc. These procedures are very clearly underlined in the Kerala Police Procedure Manual. However, the Police have totally ignored these limitations and acted highhandedly. I vehemently condemn this highhandedness and indifference of the Police.
We all know that traffic-jam is a daily occurrence in the vicinity of Aluva Railway station. Because of the protest demonstration, the entire traffic came to a total standstill on the day of this incident. Under these circumstances, the Police allegation that my client, A.T. Union Bus driver Thomas, son of Ouseph was driving the bus at a speed of 40 Miles, ran over and killed the victim is totally false and malicious. There are many irregularities and contradictions in the Police F.I.R itself. The Honorable Court needs no elaboration from me about this tendency of the Police to present an innocent person to the Court as the accused when they (Police) fail to apprehend the real culprit.
My client Thomas is a peaceful and good natured true Christian. There is no substance in the Police F.I.R that he ran the bus at a speed of 40 Miles, ran over and killed the victim. Hence, I humbly pray to the Honorable Court to dismiss the false allegation which the Prosecution has failed to establish and unconditionally release my innocent client. That’s all Your Honor.
Ponnappa paused to light his pipe once again and Bhasi looked up. “Enthaa kaariyam Bhaskara?” (what’s the matter Bhaskaran?) Ponnappa enquired.
“Eente arivil sambhava dhivasam, Pradhishedha prakatanam onnum nadannuttilla” (To my knowledge, no protest demonstration was held during the day of the incident). Bhasi expressed his concern in an undertone.
“Bhaskara, annu Pradhishedha prakatanam nadannuttillannu theliyikkentathu prosecutionde joliyaanu. Nammudedhalla. Thannayumalla, ee nachicha naattil Pradhishedha prakatanam natakkaatha divasankalilla. Pradhishedha prakatanam kalaabathil kalaasichathukontu thaan polum annu veettil etthaan vaikiyille?” (Bhaskara, it is the job of the Police and not ours to prove that no protest demonstration was held during the day of the incident. Besides, there is not a single day when some protest demonstration or other was not held in this cursed country. Also, were you not delayed in reaching home that day because the protest demonstration became violent and turned into a riot?)
As Ponnappa tossed the ball back into Bhasi’s Court , Bhasi unwittingly became an eyewitness to a Protest Demonstration that never happened!!
Needless to add that Prosecution case was dismissed by the Court as unsustainable and bus driver Padinjaaru Parambil Purayidathu Ousepachante makan Thoma enna Padinjaaru Parambil Thomaachan was acquitted as innocent and his boss Julian (proprietor of A.T. Union) rewarded Ponnappa with a purse of Gold, out of which Bhasi also got his fair share!!
I confess that the above is not really an extract from one of Ponnappa’s case diaries but only my imagination. Forgive me for reminiscing about an imaginary hit-and-run case for the sake of nostalgia, to revisit my childhood memories of Ponnappa dictating case notes to Bhaskaran!!
Kannan
Kannan