One of the accused in the Dinakaran newspaper attack case has questioned the competence of the Inspector of Police, Special Crime Branch, Central Bureau of Investigation, Chennai, to file an appeal against the acquittal of 17 persons by a Special Court for CBI cases here on December 9 last year.
V. Rajaram, a Deputy Superintendent of Police, accused of being a mute spectator to the attack in which three persons died, raised the objection while opposing an appeal filed by the Inspector in the Madras High Court Bench here along with a petition to condone the delay of 118 days in preferring the appeal.
Arguing the matter before a Division Bench, comprising Justice D. Murugesan and Justice S. Nagamuthu, on Tuesday, the DSP's counsel K. Jegannathan claimed that only the Special Public Prosecutor was competent to file the appeal on the basis of the directions issued by the Central government. He recalled that the Supreme Court in Lalu Prasad's case in April this year had said that “sub-section (2) of Section 378 of the Code of Criminal Procedure provides for appeal against acquittal in two types of cases mentioned therein on the direction of the Central government by its Public Prosecutor.” The Bench asked counsel to file a detailed counter affidavit listing down his objections by September 20, and adjourned the matter thereafter.
