The Hindu : Tamil Nadu News : Gopal entitled to documents: court

Online edition of India's National Newspaper
Wednesday, Sep 15, 2004

Tamil Nadu

Tamil Nadu

Gopal entitled to documents: court

By A. Subramani

CHENNAI, SEPT. 14. R.R. Gopal, editor, Nakkheeran, and two co-accused are entitled to copies of documents in the Prevention of Terrorism Act (POTA) case against them and the Government should furnish them by 2 p.m. tomorrow, the Madras High Court ruled today.

The First Bench, comprising the Chief Justice B. Subhashan Reddy and Justice A. Kulasekaran, gave the direction after the Government moved a writ appeal, following the dismissal of its writ petition in the morning. The petitions were against the September 11 directive of the Central Review Committee on the POTA asking the Government to furnish the copies to Mr. Gopal, A. Kamaraj and S. Ramanathan by September 14 (today).

More importantly, the First Bench declared that if the committee came to a decision that there was no prima facie case for prosecuting the accused, it would be binding on the State Government.

The judges said, "The question of filing even the charge sheet may not arise, should the decision of the Review Committee be adverse to the State Government. If the committee comes to a decision that there is no prima facie case for prosecuting the accused, it would have the effect of pre-empting the filing of the charge sheet.''

Explaining further, they said, "the State Government cannot wriggle out of the decision of the Review Committee should it go adverse to it, that there is no prima facie case for prosecution.

The committee has ample powers to order furnishing of copies when a situation is brought to its notice. Furnishing of documents is essential and vital for effective representation by the accused."

The Bench pointed out that the Supreme Court, while staying the filing of the charge sheet, directed the committee to submit its report by September 30.

The accused "are now required to participate in the proceedings before the committee, which is slated to start its enquiry from September 16. The committee is bound to submit its report in accordance with the directive of the Supreme Court and the accused are entitled to participate and project their rights for wriggling out of the prosecution and for that purpose they require the documents which are being relied upon by the State for prosecuting them."

Plea rejected

The judges rejected the Government's contention that the committee's failure to come out with reasons for giving the impugned direction was a "serious legal infirmity".

Earlier, Justice M. Chockalingam dismissed the writ petition at the admission stage itself saying, "the apex court is seized of the matter.

Without going into the merits or otherwise of the rival contentions put forth before the court, it would not be proper to pass any order or issue any directions in this regard."

The Government filed the writ petition yesterday challenging the committee's direction on the ground that it had no jurisdiction to pass such an order and that furnishing of copies would prejudice the trial.

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