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HC quashes GOs pertaining to accused in Coimbatore bomb blast
Chennai, Sept 20: Madras High Court has quashed two Tamil Nadu government orders restricting 158 accused in the February 1998 Coimbatore bomb blast case from attending the courts in which they were facing trial.
Chennai, Sept 20: Madras High Court has quashed two Tamil Nadu government orders restricting 158 accused in the February 1998 Coimbatore bomb blast case from attending the courts in which they were facing trial.
Quashing the March 21, 2002 and April 3, 2002 Government Orders (GOs) while passing orders on a writ petition filed by Mohammad Ansari and eight others challenging the orders, Justice V Kanakaraj, however, made it clear that "the government was at liberty to pass orders regarding the subject matter in a considered manner." The judge held that a look at the GOs showed that they were absolutely bereft of any reason as to what was the nature of the offence and the likelihood of a disturbance and public interest involved in the case so as to invoke the provisions under Section 268(2) CRPC.
Submitting that the trial in the case commenced only on March 7 last, after a lapse of four years, the petitioners contended that till issue of the GOs they were regularly produced before various courts in which they were being tried.
The petitioners stated that after the escape of Immam Ali, one of the undertrials in the case, the superintendent of Coimbatore central prison restricted their movement by not producing them in court.
They alleged that the orders were passed by the Tamil Nadu home secretary to obstruct the progress of the case and to protract the cases.
Bureau Report
Quashing the March 21, 2002 and April 3, 2002 Government Orders (GOs) while passing orders on a writ petition filed by Mohammad Ansari and eight others challenging the orders, Justice V Kanakaraj, however, made it clear that "the government was at liberty to pass orders regarding the subject matter in a considered manner." The judge held that a look at the GOs showed that they were absolutely bereft of any reason as to what was the nature of the offence and the likelihood of a disturbance and public interest involved in the case so as to invoke the provisions under Section 268(2) CRPC.
Submitting that the trial in the case commenced only on March 7 last, after a lapse of four years, the petitioners contended that till issue of the GOs they were regularly produced before various courts in which they were being tried.
The petitioners stated that after the escape of Immam Ali, one of the undertrials in the case, the superintendent of Coimbatore central prison restricted their movement by not producing them in court.
They alleged that the orders were passed by the Tamil Nadu home secretary to obstruct the progress of the case and to protract the cases.
Bureau Report