The Hindu : Setback as blast case accused seek counsel change

Online edition of India's National Newspaper
Friday, Dec 20, 2002

Southern States

Southern States - Tamil Nadu

Setback as blast case accused seek counsel change

By V.S. Palaniappan

Coimbatore Dec. 19. The trial in the Coimbatore serial blasts case suffered a setback today with four accused seeking change of counsel. The judge, R. Sivakumar, adjourned the trial and the hearing on their petition to December 23.

Siddiq Ali, Amanullah, Md. Muthu and Abbas contended that counsel was "acting against their interests indirectly favours the prosecution". Md. Ansari, Amir (leader) of the Al-Umma cadre at the Coimbatore Central Prison also made a representation to the judge when the trial resumed today.

In the February 14, 1998 serial blasts, 58 persons were killed and nearly 200 injured. The Special Investigation Unit of the CB-CID and the Coimbatore City Police arrested 167 (one of whom became approver). A designated special court had been conducting the trial for the last two years. After a long stalemate, the trial resumed only a year ago. Out of 2395 witnesses, only 233 had been examined so far.

Under the Legal Aid to Poor Rules of 1976 and the Legal Services Authority Act of 1987, the State Government appointed 27 State brief advocates from a panel of State Legal Aid Cell as the accused pleaded that they had no resources to engage lawyers.

One of the advocates withdrew from the assignment and as such 26 were appearing. In June this year, a few of the accused filed a petition seeking change of counsel and appointment of pleaders of their choice, citing Section 303 of CrPC.

Dismissing their plea, Mr. Sivakumar, in his June 11 order, observed that the right to choose a pleader as laid down in Section 303 of CrPC was applicable only to those who were bearing the cost of defence. Further, the order pointed out that as per the Section 304 (2) of the CrPC, it was the prerogative of the court to choose counsel from the panel available with the State Legal Aid Cell and stated that the accused could not infringe upon the rights of the court.

The judge regretted that the accused were trying to seek frequent change of counsel with a view to bringing all counsel to their "terms and conditions" for "obvious reasons". The accused then filed a revision petition before the Madras High Court. Justice Karpagavinayagam, however, upheld the contention of the special court, and told the accused to choose counsel from any of the 26 already appearing for them. However, he expunged a few paragraphs, which raised questions over the credentials of a few advocates and the intentions of the accused. After a brief disturbance, the trial resumed again in June. The petition filed by the four today caused a stalemate once again. While the remaining accused have also endorsed the plea, a lone accused, Sikkander Basha, made a plea for appointing the "advocate in dispute" counsel for him, in the event of the court favourably considering the request of the four accused. Admitting both the petitions, the judge adjourned the case for Monday.

Printer friendly page
Send this article to Friends by E-Mail

Southern States

Stories in this Section

HC stays Chennai Mayor poll process

Election not possible before April

Scepticism over community policing

Forum flays SBI for cheating illiterate customer

Programme to assess e-trade in India

Setback as blast case accused seek counsel change

New AICTE norm for approving biotechnology course

Ready to face charge, says DMK chief

TN law a weapon against conversions: Uma Bharti

Jayalalithaa, another Modi: Elangovan

No clear signals from Karunanidhi-Vaiko bonhomie

Now low-cost salwars, from Pongal