The Hindu : Karnataka / Bangalore News : Subbaraju murder case: State appeals against acquittal High Court round-up

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Saturday, Nov 24, 2007
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Subbaraju murder case: State appeals against acquittal High Court round-up

Staff Reporter

BANGALORE: The Karnataka High Court on Friday adjourned to Monday an appeal by the State against the acquittal of Muthappa Rai in the Subbaraju murder case.

While the State appealed against Muthappa’s acquittal by a Bangalore court, Yusuf Bachkhana, who has been convicted of Subbaraju’s murder, has filed an appeal against his conviction.

Subbaraju, a realtor of Bangalore, was murdered inside his office in Seshadripuram in the 1990s. The city police had claimed that Muthappa had masterminded the murder from Dubai.

The 34th Additional City and Sessions Judge and Presiding Officer of the Special Court, Parappana Agrahara, had on April 13, 2004, acquitted Muthappa. He, had, however, sentenced Bachkhana to life imprisonment.

When the matter came up today, Bachkhana said the test identification parade conducted on him by the investigating officer was delayed. Moreover, his photograph was shown to witnesses before the parade was conducted. The evidence of ballistic experts was also not convincing, he added.

He further contended that the recovery of arms (pistol) from him was not done according to the law. The evidence of eye-witnesses is also doubtful. He urged the High Court to set aside the lower court order and release him.

A Division Bench comprising Justice K. Sreedhar rao and Justice Ravi B. Naik adjourned further hearing on the petition to Monday.

Directive

Justice N. Kumar on Friday directed the Additional Legal Officer of the Union Government to ensure that competent and sincere advocates are appointed by the Centre to handle cases before the High Court.

Justice Kumar informed the officer that Union Government standing counsels deputed to conduct cases are rarely seen in courts. He asked the court to call out the names of some of the Union Government advocates. Almost all of them were not present in the court.

He asked the officer why competent advocates could not be deputed to conduct cases. When told that he had been instructed to allot work by turns, Justice Kumar said that such a system would not work.

Justice Kumar said that if government advocates did not assist the courts properly, the Advocate-General was told to set the house in order. In this case, to whom could the court issue such instructions, he asked.

Additional Solicitor-General Aravind Kumarsaid that he did not have the power to allot work to Union Government advocates. Justice Kumar asked the officer to ensure that only advocates who could assist the court and who would come to court regularly were given cases.

Police pulled up

A Division Bench comprising Justice V.G. Sabhahit and Justice Jawad Rahim pulled up the police for its “lax” attitude in tracing a missing person.

PIL admitted

A Division Bench comprising Chief Justice Cyriac Joseph and Justice Ashok B. Hinchigeri admitted a public interest litigation (PIL) petition relating to alleged discriminatory and unfair practices being followed by credit card companies.

The petition said there was an urgent need to ensure that the procedures and practices of credit card companies were monitored and regulated.

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