The Hindu : Marad: single judge's directive to Intelligence Bureau stayed

Online edition of India's National Newspaper
Tuesday, Mar 16, 2004

Kerala

Kerala

Marad: single judge's directive to Intelligence Bureau stayed

By Our Staff Reporter

KOCHI, MARCH 15. A Division Bench of the Kerala High Court today stayed a single judge's order directing the Intelligence Bureau (IB) to furnish its reports relating to the Marad incidents before the Marad Judicial Commission.

The Bench comprising Justice Cyriac Joseph and Justice K. Padmanabhan Nair passed the stay order on an appeal filed by the Intelligence Bureau against the single judge's direction. The single judge had passed its order when a writ petition challenging the Marad Commission's direction to the Intelligence Bureau to furnish information collected by it from December 2001 to May 2, 2003, from the Marad area came up. The Bench also issued notice to the Commission and the State Government on the appeal.

In the appeal, M. Mukundan, Joint Deputy Director, IB subsidiary office, Thiruvananthapuram, contended that if the information were disclosed, it would affect national security. Besides, it would also reveal the source of information, the tools adopted by the intelligence agencies and the identity of persons who provided the tip-offs. In fact, the duty of the Intelligence Bureau involved collecting information on all activities having a bearing on the security of India. Unless specific information were required, it might not be possible for the Intelligence Bureau to provide all the reports collected by it. It was also submitted that that the intelligence reports contained letters and other communications, which were secret in nature. Apart from these, the Commission had issued the direction on a petition filed by one E.K. Santhosh Kumar even before issuing notice to the Intelligence Bureau.

`No illegal felling of trees'

The State Government informed a Division Bench of the Kerala High Court that the forest area, described by the Adivasi leader, C.K Janu, and another as `upper Bhavani area', was Attappadi Reserve Area and that the trees were being cut from the teak plantation set up by the State Government utilising the Plan fund given by the Central Government. The Bench comprising the Acting Chief Justice, N. K. Sodhi, and Justice K.K. Dinesan was also told that the teak had been cultivated in the area since 1934.The affidavit filed by the Forest Secretary, Rudhra Gangadharan, also refuted the claim that the 54 acres was under the control of tribals in the area. In fact, the land belonged to the State Government. The affidavit was filed in response to a writ petition filed by Ms. Janu and a tribal chieftain in the area, alleging illegal felling of trees in the upper Bhavani area.

When the petition came up, the court also directed the Central Government to file an affidavit stating whether the conditions in the plan (for cultivation of teak) as sanctioned by the Central Government, were being implemented properly by the State Government.

VS files clarification petition

The Leader of the Opposition, V.S. Achuthanandan, today filed a petition before a Bench comprising the Acting Chief Justice, N. K.Sodhi, and Justice K.K. Dinesan seeking to clarify whether the interim order restraining the two newly-appointed State Human Rights Commission members from functioning, was a common order passed in both the petitions filed by him and Jomon Puthenpurackal, challenging the appointment.

In his petition, Mr. Achuthanandan submitted that the non-mentioning of the number of his writ petition in the interim order had caused "irreparable damage to my integrity and reputation".

Munna murder case

Justice G. Sasidharan today modified its earlier order granting anticipatory bail to P. Kumaran, former Mannarkad MLA and an accused in the Munna murder case. The judge said that in case the petitioner appeared before the Ernakulam Chief Judicial Magistrate court, he should be released on bail as provided in his earlier bail order. In his petition, the petitioner complained that though he had appeared before the Magistrate court for surrendering, the CBI had not arrested him. So, he pleaded that the court's interim order be modified.

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