The Hindu : Front Page : Apex court admits Viswanathan's plea

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Saturday, Dec 10, 2005

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Apex court admits Viswanathan's plea

J. Venkatesan

Petition seeks expunging of remarks made by High Court

NEW DELHI: The Supreme Court on Friday admitted the special leave petitions filed by the State of Kerala and the former Forest Minister K.P. Viswanathan seeking expunging of certain remarks made by the Kerala High Court in an anticipatory bail case.

A Bench of Justice B. N. Agrawal and Justice A. K. Mathur admitted the appeals and decided to hear them in the normal course. The court had already allowed impleadment of `One earth One Life' in the case opposing the stand of the State and Mr. Viswanathan.

The High Court in its order passed on February 8, 2005 had observed that ordering of a Vigilance inquiry against Musthafa, General Manager, Walayar Rural Industries and five other Forest officials who conducted raids on a factory showed that the accused in the case had direct access to the (former) Minister Mr. Viswanathan and were capable of getting any order from the State Government.

The High Court had observed that "the averments in the bail petitions show that on a mere receipt of a telegram from the accused in the case addressed to the Minister for Forests, the Government took immediate steps by ordering a Vigilance inquiry against the Forest officers who detected the offence.

These averments, if accepted, will establish the clear nexus between the sandalwood mafia and politicians."

This ground alone was sufficient to refuse bail to the accused, the court had said. The SLPs assailed the High Court order and sought expunging of these remarks.

In his SLP, Mr. Viswanathan submitted that these remarks were not necessary for deciding the anticipatory bail of the accused and there was no material before the court warranting such admonitions.

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