The Hindu : Tamil Nadu News : Sun TV attack: DSP “solely responsible”

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Wednesday, Aug 29, 2007
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Tamil Nadu

Tamil Nadu

Sun TV attack: DSP “solely responsible”

Staff Reporter

MADURAI: The Central Bureau of Investigation (CBI) on Tuesday submitted that V. Rajaram, a suspended Deputy Superintendent of Police, was “solely responsible” for not preventing a mob that torched the Sun TV Network office here on May 9 killing three people.

The submission was made before the Madurai Bench of the Madras High Court in reply to a petition filed by Mr. Rajaram to quash all further proceedings in the case pending before the Chief Judicial Magistrate here.

The CBI, on August 6, filed a charge sheet against 17 persons, including the DSP, who led a police force deputed outside the office on the day of the incident.

The mob had hurled petrol bombs and ransacked the office pursuant to a survey published by a Tamil daily, owned by the network, against M. K. Azhagiri, son of Chief Minister M. Karunanidhi.

In his counter affidavit before the Bench, the Inspector of Police, CBI Special Crime Branch, said: “The accused (DSP) remained a mute spectator and failed to give proper and appropriate orders to the subordinate staff for preventing and apprehending other accused persons who were rioting with deadly weapons and explosive substances.

He had intentionally omitted to apprehend the Accused 1 to 16 and facilitated their escape. He did not even allow his subordinates to even pick the ‘lathis’ (batons) to prevent the commission of crime.”

The Inspector also refuted the suspended DSP’s contention that he could not be prosecuted without obtaining prior sanction from the State Government under Section 197 of the Criminal Procedure Code.

He relied upon a few Supreme Court judgements which held that criminal trials should not be stayed in all cases, for want of sanction, at the preliminary stage because that would cause great damage to the evidence.

“The question of sanction for prosecution of a public servant, as envisaged in Section 197, is a protection for public servants against malicious prosecution and harassment. It is an admitted fact that public servants must be made immune from being harassed in criminal proceedings and vexatious prosecution and that is the rationale behind Section 197,” he said.

After perusing the counter, Justice G. Rajasuria closed the petition with liberty to the petitioner to raise the contention of Government sanction at the appropriate time either before the Magistrate or the Sessions Judge who shall take up the matter for trial. In the meantime, the petitioner was also permitted to file a petition to dispense with his appearance in the case. The petitioner need not appear before the Magistrate until the disposal of such petition, the judge said.

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