Judge flags issue of absent prosecutors

Prosecutors fail to appear in the case against terror-accused Thadiyantavide Nazeer

With no ‘public prosecutor effectively appearing’ in the case of Thadiyantavide Nazeer, a terror-accused, in the Special Court of the National Investigation Agency, the court has sought the intervention of the Ernakulam District Collector to solve the impasse.

The Special Judge, who shot off a letter to the District Collector, pointed out that no public prosecutor was effectively appearing in the cases against Nazeer for the last nine postings or more. The judge also asked the Collector to give effective instructions to the prosecutors in the case.

The court further pointed out that if some prosecutor appeared in the case, he was not ready to argue the cases, which were principally posted for hearing on framing charges against the accused. The judge complained that the court was not even in a position to understand which prosecutor was appearing in the cases. Most of the cases were pretty old ones and the court may have to proceed as no prosecutor was appearing in the cases, he complained.

Investigating agencies had alleged that Nazeer had links with some extremist organisations and was involved in some terrorist activities in the country. The agencies had also slapped the Unlawful Activities Prevention Act against Nazeer, who is currently confined in the Parappana Agrahara Jail, Bangalore, in some cases.

He has also been arraigned as an accused and convicted in some terror cases.

Responding to the developments, District Government Pleader Manoj G. Krishnan said the issue had not come to his notice.

Prosecutors to the NIA court are deputed from the pool of officials, as there are no exclusive prosecutors for the Special Court. Since the COVID-19 outbreak, prosecutors are appearing online in most of the cases. The appearance of the prosecutors might have gone unnoticed due to the technical glitches that might have cropped up during the online procedure, said Mr. Krishnan.

The Special Court could have brought the issues to the notice of the Principal District and Sessions Judge, he said.

When contacted, the district authorities said the letter has been forwarded to the prosecutors.