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Wednesday, March 14, 2001

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Case against VS referred to another Division Bench

By Our Staff Reporter

KOCHI, MARCH 13. A contempt of court petition against the LDF convener, Mr. V.S. Achuthanandan, and the RSP national president, Mr K. Pankajakshan, the arguments on which was once heard by a Division Bench of the Kerala High Court, has been referred to yet another Division Bench for hearing the plea afresh.

The petition was filed by Mr. Tharian Joseph, an High Court lawyer. He sought to initiate contempt proceedings against the LDF convener for taking out a procession in Thiruvananthapuram in February 1999 in violation of the High Court directives in the Bandh judgment. The charge against the RSP leader was that he and his party workers defied the Bandh judgment and blocked the way of Mr. Justice K. G. Balakrishnan, the then Gujarat Chief Justice, when a procession was taken out in connection with the national convention of the RSP in Kollam in February. Besides, the authorities did not allow the car of Mr. Justice K. G. Balakrishnan, now Supreme Court judge, who was on his way back to Ernakulam from Thiruvananthapuram, to drive thorough the main road. The petitioner also pleaded that contempt proceedings be initiated against the then Home Secretary, Mr. K. Mohanachandran, the then DGP, Mr. B.S. Sastry, the then SP, Ms B. Sandhya, and the then District Collector, Mr. Devendrakumar Singh.

In a counter-affidavit, the DGP said that the CI and SI of the Cantonment Police station had informed the leaders that they could not take out the procession through the main road since they had not obtained prior permission from the police. They had also defied lawful directions of the police.

In fact, the arguments were earlier heard by the Bench comprising Mr. Justice P. K. Balasubramanian and Mr. Justice G. Sasidharan. The petition was filed on February 16, 1999.

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