Wednesday, Sep 03, 2003
Front Page |
Southern States |
Advts: Classifieds | Employment | Obituary |
By Our Staff Reporter
Dismissing his writ petition against the GO, Justice K. Raviraja Pandian said various factors, including a threat to the personal safety of the prisoner as well as the general law and order situation, indicated that the order had been passed under compelling circumstances.
The PDP leader, facing 32 criminal cases in Kerala, filed the petition after the Kerala High Court transferred all cases to the additional chief judicial magistrate court, Ernakulam, for trial and disposal. Since the order of transfer, delivered on November 26, 2002, the Ernakulam court had issued several warrants for the production of Mr. Maudhany, but in vain.
In March this year, Tamil Nadu passed the impugned order.
Mr. Maudhany was arrested by the Tamil Nadu police in Kerala on March 31, 1998 in connection with the Coimbatore serial bomb blasts.
After several legal as well as logistical hurdles, the trial commenced on March 7, 2002 in a special court on the high-security Coimbatore prison premises. The petitioner's seven bail pleas were dismissed by the judicial magistrate court, the sessions court, the High Court and the Supreme Court. So was his plea for transfer of the trial to some other court. While disposing of his petitions, the Supreme Court even directed the special court to hear and dispose of the cases expeditiously.
Mr. Maudhany assailed the order on the ground that it would delay the disposal of cases against him and amount to denial of the right to speedy justice.
Rejecting the contention, Mr. Justice Raviraja Pandian likened the Coimbatore serial blasts to the Mumbai blasts, which killed 250 persons. He pointed out that the trial was being held on a day-to-day basis on the direction of the apex court, and said that if Mr. Maudhany was permitted to be taken to Kerala, the pace would be disrupted.
Referring to the pelting of stones and burning of Tamil Nadu buses after the PDP founder's wife was prevented from entering the prison, carrying with her a cell phone and SIM cards, the judge said there was a reasonable ground for the apprehension that his travel could disturb the public order. As a team of specialists was attending on him in jail, the petitioner could not complain of lack of proper treatment either.
The Hindu Group: Home | About Us | Copyright | Archives | Contacts | Subscription
Group Sites: The Hindu | Business Line | The Sportstar | Frontline | The Hindu eBooks | Home |
Copyright © 2003, The
Hindu. Republication or redissemination of the contents of
this screen are expressly prohibited without the written consent of