NEWSLINKS
US EDITION
COLUMNISTS
DIARY
SPECIALS
INTERVIEWS
CAPITAL BUZZ
REDIFF POLL
DEAR REDIFF
THE STATES
ELECTIONS
ARCHIVES

Search Rediff

Rediff Shopping

Shop & gift from thousands of products!   Books     Music       Apparel   Jewellery   Flowers   More..      Safe Shopping

SC stay binds Karnataka from dropping cases legally

Fakir Chand in Bangalore

The beleaguered Karnataka government on Wednesday refrained from moving the Mysore district and sessions court for dropping Terrorist and Disruptive Activities (prevention) Act cases against the 121 suspected associates of forest brigand Veerappan in the light of the Supreme Court's directive on Tuesday to withhold the release of 51 TADA detainees, who were granted bail by the lower court on Monday.

On the 31st day of the on-going hostage crisis involving the abduction of Kannada superstar Dr Rajakumar and three others, the state government finds itself unable to legalise its executive decision (government order) to drop the cases, which was taken by the state cabinet on Monday, within an hour of securing the bail from the sessions court in Mysore.

In response to the main demand of the fugitive for releasing Dr Rajakumar, a besieged government first withdrew the TADA charges against the 51 detainees, then did not oppose their bail applications to release them from Mysore jail where they have been languishing over seven years without trial, and finally issued the official order as proof of abject surrender to Veerappan's intransigent stand.

However, the Special Leave Petition in the Supreme Court by Abdul Kareem, former deputy superintendent of police in the state and father of sub-inspector Shakeel Ahmed who was killed by Veerappan in August, 1992, has put paid to the desperate efforts of the state government to free Dr Rajakumar.

Since Kareem's SLP challenges the state government's `wisdom' of dropping the TADA charges against the detainees, state Law Minister D B Chandre Gowda admitted in Bangalore on Wednesday that the government was not in a position to legitimise its GO.

"In the counter affidavit state Advocate General A N Jayaram will be filing on Friday before the three-judge bench of the apex court, the government will narrate the `compelling situation' under which the state had to drop the charges," the minister disclosed.

Clarifying the legal position, Chandra Gowda said the state government had only dropped five charges against the suspected associates of Veerappan under TADA, and added: "The state still feels that dropping of charges under TADA is well within its powers as the act itself has been annulled."

However, regarding dropping of charges under sections of the Indian Penal Code, he said the government was yet to decide on it.

"The government will take up the matter only after the Supreme Court disposes of the SLP. We will consider filing applications for dropping IPC charges against the accused. However, it will be up to the courts to accept or reject the government's plea," the law minister asserted.

Chandre Gowda also declined to comment when asked whether the intervention of the Supereme Court would further delay resolving crisis, stating that: "I am not competent to comment since the matter is already before the apex court and is sub-judice. Veerappan, however, understands the intentions of the government, which has done its best in the circumstances."

In a related development, the state advocate general rushed back to Bangalore for consultations with the government in preparing the counter affidavit. He also discussed the matter with Chief Minister S M Krishna, a bar at law himself, Home Minister Mallikarjun Kharge, Chandre Gowda, and senior officials.

The Rajakumar Abduction: complete coverage
The saga of Veerappan

Back to top

Tell us what you think of this report