The Hindu : Commissioner gets time to move court

Online edition of India's National Newspaper
Friday, Jan 30, 2004

Kerala

Kerala

Commissioner gets time to move court

By Our Staff Reporter

KOZHIKODE, JAN. 29. The City Police Commissioner, T.K. Vinod Kumar, has been given more time to approach the Kerala High Court seeking exemption from appearing for cross-examination before the Marad Judicial Enquiry Commission.

At a sitting here today, the Marad Judicial Inquiry Commission, Thomas P. Joseph, allowed the request of the Commissioner's counsel, Shahir Singh, for more time. More time was needed for the Commissioner since he wished to challenge the Commission's order which allowed his cross examination based on the intelligence reports filed by him before the Commission.

Earlier, the Commission had dismissed the plea of the counsel claiming privileges under Section 123 and 124 of the Evidence Act. The counsel's contention that the contents in the sealed covers containing the intelligence reports, if disclosed, would jeopardise the security of the State and reveal the methodology adopted by the intelligence wing for the collection of information and that the disclosure would also affect the very functioning of the Intelligence Department, was overruled.

"Here it is in public interest and squarely to protect the public from similar incidents in future the Commissioner is asked to report whether there was failure on the part of the police in preventing the incident, '' the Commission observed.

Earlier, the Commission's counsel, P.V. Hari, in his petition said that the Additional Home Secretary, V.S. Sobhana Kumari Amma, in her counter affidavit filed before the High Court had stated that the State intelligence had alerted the local police on the possibility of violence in the area.

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