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Gopal won't make fresh plea for bail: counsel

By J. Venkatesan

NEW DELHI Oct. 27. The Supreme Court today disposed of an application filed by the Tamil Nadu Government for vacating an interim order restraining it from filing a charge sheet against R.R. Gopal, editor, Nakkeeran, who has been detained under the Prevention of Terrorism Act since April.

A Bench, comprising Justice Ashok Bhan and Justice Arun Kumar, disposed of the application following an undertaking given by R.K. Jain, senior counsel for Mr. Gopal, that no fresh application for bail would be filed taking advantage of the non-filing of a charge sheet within the stipulated 180 days.

Counsel for the Government said that in view of the undertaking, he was not pressing the application.

The court had on June 16 restrained the Government from filing the charge sheet, on an application from Mr. Gopal seeking a direction to the CBI that it find out the circumstances which led to his arrest and registration of cases against him, including under the POTA. Though the Government denied the allegations, Mr. Gopal, in his rejoinder, reiterated that a false case under the POTA had been registered, and the court granted the stay against the filing of the charge sheet.

However, with the Supreme Court quashing a Madras High Court order directing the release of Mr. Gopal on bail, the Government said the investigation had been completed and the investigation officer was in the process of obtaining sanction for prosecution.

Under Section 49 (2) of the POTA, the special court shall extend custody up to 180 days and this period already expired on October 8. Hence, it became just and necessary for the State to seek a modification of the June 16 order.

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