Gireesan Nair & Ors. Etc. Vs State of Kerala (Supreme Court of India)
Summary: The Supreme Court, in Gireesan Nair & Ors. Etc. Vs. State of Kerala, examined the legality and reliability of Test Identification Parades (TIPs) conducted during the investigation of violent protests in Kerala on 13 July 2000. The protests arose from the State Government’s decision to delink pre-degree courses from colleges and introduce plus-two courses at the school level. During the agitation, approximately 1,500 protesters allegedly participated in violent incidents resulting in damage to 81 buses belonging to the Kerala State Road Transport Corporation (KSRTC) and the death of a bus conductor, Rajesh. The Trial Court convicted several accused under Sections 143, 147 and 148 of the Indian Penal Code, 1860, and Section 3(2)(e) of the Prevention of Damage to Public Property Act, 1984, read with Section 149 IPC, sentencing them to four years’ rigorous imprisonment and a fine of ₹10,000. The Kerala High Court upheld these convictions, leading to appeals before the Supreme Court.
The appellants challenged the prosecution’s identification evidence, particularly the TIPs conducted on 31 July 2000 and 26 August 2000. They contended that the investigating authorities had compromised the identification process by allowing witnesses to see the accused before the parades. Several prosecution witnesses admitted that they had previously seen the accused at the Crime Branch office or identified them using photographs published in newspapers. The accused had also consistently complained that they were photographed, videographed and shown to witnesses while in police custody. The appellants further questioned the inadequate ratio of suspects to non-suspects, the absence of persons with similar physical characteristics, the delay in conducting the parades and the presence of investigating officers during the identification proceedings. The State defended the procedure, maintaining that reasonable precautions had been taken and that the identification evidence was reliable.
