Tamil Nadu - Salem   

Row over appointment of additional SPP in Dharmapuri bus burning case

R. Ilangovan

The Government's move to fill the post has raised doubts

SALEM: The Government ignoring the name of a senior advocate, suggested by the Madras High Court-appointed special public prosecutor (SPP) to assist him in the Dharmapuri bus burning case trial, has stoked a controversy in the legal fraternity.

The Government, instead of "honouring the suggestion of the SPP, R. Srinivasan, as per the High Court directions," has issued an order through the Salem Collector seeking the "willingness" of the lawyers to be appointed Additional Special Public Prosecutor (ASPP) to assist the SPP. Legal activists allege that the Government is going through the exercise in "inexplicable haste." Justice V. Kanakaraj, dismissing the proceedings in the Krishnagiri court as "eyewash," ordered a fresh trial of the bus burning case in the Additional Sessions Court here. While passing strictures on the police and the prosecution, he said, "... . an SPP has to be appointed in the place of the present SPP, who has been conducting the case hitherto at Krishnagiri." The new SPP must be an experienced and well-trained legal practitioner on the criminal side with proven ability and integrity, the judge said.

"Hence this court in its considered opinion appoints R. Srinivasan, a senior lawyer of the Salem Bar as SPP in hand to conduct the trial, besides ordering such facilities, even providing such staff or junior lawyers to assist him in the said process on his suggestions."

(The Government did not notify for 15 months even the appointment of Mr. Srinivasan and did so only when contempt proceedings were initiated by the father of one of the girl students of Tamil Nadu Agricultural University, who were burnt alive in their bus in the riots at Dharmapuri that followed the conviction of All-India Anna Dravida Munnetra Kazhagam leader Jayalalithaa in the Kodaikanal Pleasant Stay Hotel case during February 2000.)

Mr. Srinivasan, in a November 14, 2003 letter, suggested the name of Mr. Natarajan as the "fit and proper person" to assist him. He is a retired Grade-I APP and was public prosecutor for the Central Bureau of Investigation between 1968 and 1971. He was an ASPP in the Tindivanam and Cuddalore courts.

Based on Mr. Srinivasan's suggestion, the High Court Registrar-General in his December 24, 2003 letter, recommended Mr. Natarajan's name for appointment as ASPP. But the Government, according to sources, did not respond to this suggestion till recently. "When the trial has reached a crucial stage, the Government now initiates the appointment procedure afresh instead of honouring the SPP's suggestion. This move smacks of political overtones," says A. Asokan, a senior advocate and social activist. When contacted, Mr. Srinivasan, told The Hindu that the Government did not consult him on the appointment of the ASPP but refused to elaborate.

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Row over appointment of additional SPP in Dharmapuri bus burning case
Row over appointment of additional SPP in bus burning case

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