Tamil Nadu - Madurai   

DSP opposes appeal filed by CBI in Dinakaran office attack case

MADURAI: Deputy Superintendent of Police (DSP) V. Rajaram on Tuesday vehemently opposed an appeal filed by the Central Bureau of Investigation (CBI) before the Madras High Court Bench here challenging an order passed by a lower court in December 2009 acquitting 17 people, including him, in the Dinakaran newspaper office attack case.

In his counter to a petition filed by the CBI seeking leave of the court to file the appeal, the DSP claimed that only the Public Prosecutor concerned ought to have filed the appeal on behalf of the Centre as specified in section 378 (2) of the Code of Criminal Procedure. In the present case, the Centre was represented by the Inspector of Police, Special Crime Branch, CBI, Chennai.

The counter affidavit was filed before a Division Bench, comprising Justice S. Rajeswaran and Justice G.M. Akbar Ali, who last week had condoned the CBI's delay of 118 days in filing the appeal. The judges took the counter on file and adjourned the hearing to April 18 as counsel for the other accused in the case too wanted to file separate counter affidavits.

Earlier, the DSP's counsel K. Jeganathan contended that the present appeal, pending in the High Court since July 7, 2010 for want of condoning the delay, was invalid in law as the Centre had authorised the Special Public Prosecutor for CBI cases to file the appeal only on February 4, 2011 that too only after an objection was raised regarding the locus standi of the appellant.

The newspaper office was attacked by a mob on May 9, 2007 pursuant to publication of the results of a survey on the political heir of Chief Minister M. Karunanidhi. Three employees died after the mob hurled petrol bombs.

Seventeen persons, including V.P. Pandi alias ‘Attack' Pandi, M. Murugan alias ‘Sori' Murugan and P. Thirumurugan alias ‘Kaattuvasi' Murugan, were booked under various penal provisions.

The DSP, who was on duty, was accused of failing to perform his duty and apprehend the accused.

However, the Principal District and Sessions Court here acquitted all the accused on December 9, 2009 on the ground that the prosecution had failed to prove the case beyond all reasonable doubts and hence the present appeal.

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