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Southern States - Tamil Nadu Printer Friendly Page   Send this Article to a Friend

Kerala court transfer plea puts TN police in a fix

By V.S. Palaniappan

Coimbatore Jan. 20. A Kerala court warrant directing the Superintendent of the central prison here to produce Abdul Nasir Maudany, chairman of the Kerala-based People's Democratic Party (an undertrial in the Coimbatore serial blasts case) on March 4 has put Tamil Nadu police and prison officials in a fix.

On Friday, the Ernakulam additional chief judicial magistrate, C.C. Zaccaria, issued the warrant, for commencing trial in 16 criminal cases pending against Mr. Maudany. Earlier, the Kerala High Court conceded his request for transfer of all the cases to a single court on grounds of ill health and a "security threat to his life".

But Mr. Maudany's presence in the Coimbatore Special Court was essential for conducting the trial in the serial blasts case, considered the second biggest in the country (next to the Mumbai serial blasts case). He has been an undertrial since September 1998 facing charges of conspiracy.

Sources in the Special Investigation Team of the CB-CID, prosecuting agency, said Tamil Nadu might file a reply to the magistrate, saying Mr. Maudany's presence was a must for the trial in case, of killing of 59 persons and injuring 200, besides loss of property worth Rs 17 crores.

Inter-State ramifications

The CB-CID officials began consultations with legal experts and the police headquarters as this issue was expected to have inter-State ramifications involving the judiciary.

The transfer of Mr. Maudany to Kerala would be a setback to the trial, the sources said. The police were also apprehensive of problems in bringing him back, given his political clout in that State.

The sources raised questions how Mr. Maudany, said to be medically unfit for travel, could be taken all the way to Kerala, when he was not able to attend regularly the special court, just half-a-km from the prison here.

Above all, the prison authorities here were expected to go by the order of preference stipulated. When the presence of an accused was necessary in more than one court at a time, the prison administration should exercise its discretion and give priority to sessions and special courts over subordinate courts, to murder cases over other cases, to cases nearing judgment over those under trial and to cases under trial over those for which trial was yet to commence.

More over, the special court, in the rank of sessions court, had a clear mandate from the Supreme Court for conducting the trial on a daily basis. The apex court gave the direction while disposing a petition filed by Mr. Maudany himself.

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