The Hindu : Tamil Nadu News : Remand for Mohamed Ali extended

Online edition of India's National Newspaper
Saturday, Jul 31, 2004

Tamil Nadu

Tamil Nadu

Remand for Mohamed Ali extended

By Our Special Correspondent

CHENNAI, JULY 30. A city court today extended till August 13 the remand to judicial custody of the Deputy Inspector-General of Police, A.P. Mohamed Ali and two others, a Deputy Superintendent of Police (DSP) and an official of Life Insurance Corporation (LIC), in the fake stamp paper case.

On expiry of the remand period, Mr. Ali and S. Sankar, DSP and R. Sadhu, an administrative officer of LIC, were produced before the Additional Chief Metropolitan Magistrate, Egmore, D. Arulraj, at 10.50 a.m.

Mr. Ali's counsel, A.K.S. Thahir, filed a petition opposing extension of remand of the accused.

In the application, it was stated that the Central Bureau of Investigation did not file any document so far, except the First Information Report (FIR). It was a settled law that whenever witnesses' statements were recorded or material seized, they should be sent to the court immediately and the Magistrate affix his initials with date.

Court rulings

During arguments, counsel cited court rulings and said there could not be any automatic extension of remand. The documents, including witnesses' statements, mahazar and search list should be sent to the court then and there. Even at the remand stage, a copy of the case diary along with the remand report should be forwarded. If the documents were not produced, the Magistrate could reject the remand report and enlarge the accused on bail.

Further, transparency and accountability should be maintained. That being so the documents were not produced in the present case. The CBI was not above law. "They (CBI) have some motive. They are not independent," he said.

The Additional CMM asked prosecution why documents were not sent to the court as almost a month was over (after the arrest of the accused).

Probe in crucial stage

The CBI public prosecutor, S. Radha, said all seized documents were submitted to the court then and there. The agency took temporary custody of the submitted case diary and statements for investigating the case further. Important witnesses had to be examined. The probe was in a crucial stage. However, the CBI was ready to place all the case diary files before the court. The prosecutor submitted that all facts could not be brought out in an FIR. The CBI would not arrest anyone unless warranted, she said.

The Additional CMM asked the agency to produce the case diary. He said there was already sufficient material before the court for extending the remand. After the files were brought, he went through them and extended the judicial remand.

Security was tight at the Egmore court. Entry to the court premises was regulated.

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