Kochi: "Asking police to inform about the definite evidence against the lawyer, the court said in the interim order, "It appears that one of the other accused, already arrested by the police, had some contact with the petitioner over telephone. If a lawyer is prosecuted just because an accused had contacted him over telephone, every criminal lawyer will have to be prosecuted. The police will have to report the things clearly and definitely ."
The high court on Tuesday asked police to inform it about the concrete evidence against advocate C P Udayabhanu before proceeding against him in the case over death of Chalakudy-based real estate agent V A Rajeev.
Through an interim order, the court said that the police are cautioned that mere knowledge of conspiracy will not make a conspirator, as settled by the Supreme Court. "What is required is active meeting of minds to form and carry out a criminal design.So, to arraign a person as conspirator, there must be clear, concrete and definite materials showing that he had active participation by way of active involvement in the meeting of minds with the others. Simply on the basis of telephone calls, or the statements given by the co-accused, one cannot be prosecuted as conspirator. The court wants to know what exactly are the clear, definite and concrete materials to suspect this petitioner as conspirator in the murder case," the order said.
