The Hindu : Tamil Nadu / Chennai News : Court stays warrant against Nepalese Maoist leader

Online edition of India's National Newspaper
Saturday, Aug 28, 2004

Tamil Nadu

Tamil Nadu - Chennai

Court stays warrant against Nepalese Maoist leader

By Our Staff Reporter

CHENNAI, AUG. 27. An attempt by the West Bengal police to take the Nepalese Maoist leader, Chandra Prakash Gajurel, who has been lodged in the Central Prison here since August last year, to Darjeeling failed today with the Madras High Court staying the execution of a prisoner on transit (PT) warrant.

A specially-constituted Division Bench comprising Justice P. Sathasivam and Justice M. Chockalingam granted stay, after hearing senior counsel K. Chandru and perusing a petition sent by Mr. Gajurel to the High Court Registrar, expressing an apprehension that if he was sent to West Bengal, which shared a boundary with Nepal, he would be either handed over to the Royal Nepal Government or executed.

The Maoist leader was arrested by immigration officials here on August 19, 2003 for allegedly trying to travel to London on forged documents. He was handed over to the Meenambakkam airport police a couple of days later and jailed for offences under the Indian Penal Code, besides the Indian Passport Act. The airport police are yet to file a charge sheet.

`Deportation motive'

In his petition, Mr. Gajurel said fair trial could not be ensured in Nepal, where the monarchy had dismissed an elected Government, suspended the Constitution and assumed absolute power. Alleging custodial deaths, summary executions, extra-judicial killings, fake encounters and unexplained disappearances of political activists, he said the PT warrant was issued on "flimsy grounds with the ulterior motive of deporting him back to Nepal."

Mr. Gajurel pointed out that on December 3, 2003, the High Court directed the State and Central Governments that he should be not deported without judicial sanction. The order was passed on his writ petition, alleging a move by the Centre to deport him. The order was in operation even now, he said.

The judges said: "On going through the representation of Mr. Gajurel's petition dated August 11 and in the light of the apprehension expressed therein, there shall be an order of stay of execution of the PT warrant issued by the sub-divisional judicial magistrate, Jalpaiguri in Darjeeling."

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