The Hindu : Kerala News : Maudany discharged in seven cases

Online edition of India's National Newspaper
Wednesday, Nov 07, 2007
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Kerala

Kerala

Maudany discharged in seven cases

Kochi: Ernakulam Additional Chief Judicial Magistrate Cherian K. Kuriakose on Tuesday discharged People’s Democratic Party (PDP) leader Abdul Nasir Maudany from seven cases pending before the court.

The magistrate found that the prosecution had not obtained the required sanction from the government before prosecuting the cases.

The court reserved its orders in the remaining 13 cases pending before the court. Twenty cases against Mr. Maudany were pending before the magistrate court. The cases were transferred from various courts across the State following a High Court order.

In his petition, the PDP leader said he had been charged with offence punishable under Section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and acts prejudicial to maintenance of harmony). He pointed out that as per Section 196 of the Criminal Procedure Code, no court shall take cognisance of the offence punishable under Section 153A without obtaining the sanction of the State government. The PDP leader said he had not preached against any section of the community but only criticised politicians in his speeches. The cases were registered on the basis of the speeches made by him on various occasions. He alleged that the cases were politically motivated. Mr. Maudany also pointed out that that the proceedings were void as the required sanction from the government had not been obtained by the prosecution.

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