The Hindu : SC defers hearing on scribe's plea

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Friday, Jun 06, 2003

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SC defers hearing on scribe's plea

By Our Legal Correspondent

NEW DELHI June 5. The Supreme Court today deferred the hearing on an application from the editor of Tamil bi-weekly, Nakkeeran, R.R. Gopal, seeking a direction to the CBI to investigate the circumstances leading to his arrest and registration of cases against him, including the one under the Prevention of Terrorism Act.

A vacation Bench, comprising Justice N. Santosh Hegde and Justice Shivaraj V. Patil, however, gave liberty to the petitioner to mention before the next vacation Bench, comprising Justice R.C. Lahoti and Justice Brijesh Kumar, for fixing a date for hearing.

The court which is seized of the main petition from Mr. Gopal challenging Section 4 of POTA, had on May 7, issued notice to the State Government on the application and gave liberty to the petitioner to move the vacation court. Accordingly, mention was made on May 29 and the Bench posted the case for hearing today.

While the State Government in its response denied the petitioner's allegations, Mr. Gopal in his rejoinder reiterated the charge that a false case under POTA had been registered against him. sIn his application, he had submitted that the continued harassment in the hands of police, the way in which he was being tortured and the way things were being planted, would all show that no proper investigation had been done by police.

Hence, he prayed for a direction to the CBI to probe the circumstances under which he was arrested; the alleged recovery of arms and a pamphlet from a bag; the fresh cases filed against him and recoveries alleged to have been made in the forest.

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