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It is pre-emptive punishment: activist

Staff Reporter

Charge sheet in serial blasts case ignores key questions, says Kannabiran

COIMBATORE: Detention in judicial custody for over seven years of the 167 al-Umma undertrials, arrested in the Coimbatore serial blasts case, was nothing but a proxy to punishment, K.G. Kannabiran, chairman, People's Union for Civil Liberties, said here on Monday.

He was addressing presspersons along with State Brief Defence Counsel B. Bhavani Mohan and P. Thirumalairajan appearing for the undertrials.

Mr. Kannabiran claimed that the "pre-emptive punishment before the completion of trial" ignored the basic tenets of the criminal justice system and the ideals of jurisprudence and constitutional obligations. The charge sheet — which said that the blasts of February 14, 1998 were a consequence of the killing of 19 Muslim youths in the violence that followed the murder of traffic constable Selvaraj on November 29, 1997 — did not throw light on what the State Government and the prosecuting agency had done to arrest those responsible for killing the Muslim youths.

The State should invoke the law against those who killed the 19 youths as the prosecution contended that the killings were the cause of the serial blasts. The State was "silent" on this.

Mr. Kannabiran objected to reports that a number of undertrials were not represented legally. He expressed concern over the "denial of permission" to the defence for cross-examination of some witnesses.

The denial of bail to the undertrials for offences under the Indian Penal Code and other ordinary legislation based on the objection of the prosecution raised the question on the demand for special legislation such as the Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Prevention of Terrorists Act (POTA).

PUCL counsel would appear for the undertrials to ensure that justice was done and trial procedures were in tune with the criminal justice system.

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