The Hindu : Karnataka News : Court order violated: Asif’s counsel

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Friday, Mar 07, 2008
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Karnataka

Karnataka

Court order violated: Asif’s counsel

Staff Correspondent

Authorities had shifted accused to Belgaum prison
Judicial custody of terror suspects extended

HUBLI: The Judicial Magistrate First Class (First Court) S. Srinivas will on March 10 pass the order on the application filed by alleged SIMI activist Mohammed Asif’s counsel Ismail Jalagar with regard to violation of a court order.

The judge, who heard the arguments of Mr. Jalagar and Assistant Public Prosecutor Kiran Patil here on Thursday posted the case for orders on March 10.

In his application, Mr. Jalagar complained that the authorities had violated the earlier order by the same court with regard to his client and shifted him from the Dharwad central prison to Hindalaga Prison at Belgaum on the pretext of security.

When the case came before the court on Thursday afternoon, Mr. Jalagar said that his client was shifted from Dharwad prison with the sole intention of preventing a meeting between him and his client. And by doing so, they had violated the human rights of the accused.

Mr. Jalagar said that in spite of the court orders, the authorities had not kept Mohammed Asif in Dharwad prison and thereby violated the order. He demanded that action should be taken against the jail authorities for violating the court order.

Countering his arguments, Mr. Patil said that the court in its order had not directed the authorities to keep Mohammed Asif in Dharwad prison. Referring to the Karnataka Prisons Act, 1963, he said the Inspector-General of Police (Prisons) had the right to shift an undertrial from one prison to another for security reasons and it was not necessary to take the permission of the court for the same. He contended that no court order had been violated. And since the accused was in judicial custody, the senior counsel had every opportunity to meet him in the prison by following the procedure laid down by the law.

Custody extended

Mr. Srinivas extended till March 14 the judicial custody of three persons allegedly having links with the banned Students Islamic Movement of India (SIMI) — KIMS housesurgeon Allah Baksh Yadwad, software engineer from Bangalore Yahya Khan and Syed Sadiq alias Sameer after they were produced before him on Thursday.

The judicial custody of all three arrested was to come to an end on Thursday.

The judge also extended the period of the “body warrant” issued to the CoD officials against terror suspects Riyazuddin Nasir alias Mohammed Ghouse and Asadullah Abubakar till March 25.

This is the second time that the period of the body warrant has been extended. Although the court had issued the body warrants to the CoD officials, they have not executed them yet.

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