The Hindu : Kerala News : Nalini Netto case: lower court order set aside

Online edition of India's National Newspaper
Friday, Jan 14, 2005

Kerala

Kerala

Nalini Netto case: lower court order set aside

By Our Staff Reporter

KOCHI, JAN. 13. The Kerala High Court today set aside the Judicial First Class Magistrate III, Thiruvananthapuram, order closing the proceedings relating to taking evidence from the defence witness in the case relating to the alleged sexual harassment of the IAS officer Nalini Netto by the former Minister A. Neelalohitadasan Nadar.

Justice K. Padmanabhan Nair passed the judgement while disposing of a writ petition filed by Mr. Nadar challenging the Magistrate order. According to the petitioner, the court had earlier directed the magistrate court to issue summons to the witness Shaik Ahammed, a former assistant private secretary of Mr. Nadar and now employed in the Sultanate of Oman, by registered post.

The court also ordered that the witnesses should be asked whether he was willing to cooperate with the proceedings and prepared to come down to Thiruvananthapuram. If he had no plan to visit the State, he should state whether he was ready to have him examined through video-conferencing, the court had ordered.

Nadar's contention

Mr. Nadar said that though the witness had replied that he would be coming to the State on January 25 and was prepared to be examined, the magistrate had closed the proceedings in the case and announced that he would pronounce the judgement on January 13.

In his reply, Mr. Ahammed said that he was not interested in examining him through video-conferencing. He said that he was coming to Thiruvananthapuram on January 25 subject to the availability of leave. Mr. Nadar said that the magistrate should have waited till January 25 before closing the proceedings. The magistrate, in his order, said that the reply indicated that he was not inclined to appear before the court. So, the magistrate came to the conclusion that the proceedings could be closed.

Court directive

The court today directed the Judicial First Class Magistrate II to examine the witness on January 25 if he appeared before the court on the day. The directive was issued to the Judicial Magistrate II since the judge presiding in the court had been promoted and transferred as sub-judge. The court made it clear that if the witness did not appear on the day, the magistrate could close the proceedings. If he appeared before the court, the case could be adjourned to January 28 for taking evidence.

Printer friendly page
Send this article to Friends by E-Mail

Kerala

News Update

Stories in this Section

Heavy rush for Makaravilakku at Sabarimala temple

Calm Kochi beckons tsunami-hit yachts

CPT, DPI may sign agreement next week

Nalini Netto case: lower court order set aside

Departments pulled up for poor response

Achuthanandan denies Pinarayi's `allegation'

Heavy rush for Makaravilakku

B.Ed.: `give NOCs to more institutions'

Give full support to fisherfolk: Opposition

Union Ministry offers to help in rehabilitation

Dharna for reinstatement of suspended staff

Loco staff stir from January 17

State agency to design houses

Gesture to NCC cadets

Briefly