The Hindu : Tamil Nadu News : Vacate stay on panel proceedings: Gopal

Online edition of India's National Newspaper
Saturday, Oct 02, 2004

Tamil Nadu

Tamil Nadu

Vacate stay on panel proceedings: Gopal

By Our Legal Correspondent

NEW DELHI, OCT. 1. The Editor of the Tamil biweekly, Nakkheeran, R.R. Gopal, today pleaded in the Supreme Court for vacating a stay on all proceedings pending before the Central POTA Review Committee, relating to his arrest under the Prevention of Terrorism Act.

A three-judge Bench headed by the Chief Justice R.C. Lahoti on September 15, while staying the proceedings also stayed the committee's September 11 order directing the Tamil Nadu Government to furnish copies of all documents to Mr. Gopal and fixing the regular hearing of the case from September 16. On September 13, the Government challenged the committee order before a single judge, who dismissed the petition. Its appeal was also rejected by a Division Bench of the High Court.

The State filed a special leave petition against the judgment and obtained stay on all further proceedings before the committee contending that an important question of law, whether an accused was entitled to copies of documents even before charge sheet was filed, was involved.

`Foisted case'

Mr. Gopal said his main allegation was a case under the POTA had been foisted on him and in the absence of materials it would be difficult for him to defend himself before the committee.

When the matter was taken up today, counsel for the State, Subramonium Prasad, sought time for filing a reply to the counter filed by Mr. Gopal. However, senior counsel, T.R. Andhyarujina, appearing for Mr. Gopal said filing of the charge sheet had been stayed by the High Court till October 18 and hence the matter required to be heard expeditiously. After the repeal of the POTA, the review committee was given one year to complete the proceedings and hence the matter should be disposed of expeditiously. The Bench, however, asked the State to file its reply within two weeks and directed that the case be listed for the last week of October.

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