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Is order needed for transferring special court cases?

By Our Special Correspondent

CHENNAI AUG. 17. After the redesignation of the two special courts, in which cases against AIADMK leaders are pending, a question on technical requirement relating to the continuance of trial of the cases pending before Special Court-I has cropped up.

A total of four cases, including an unnumbered one, are now on the file of the Special Judge-I. It is not known when the trial will start again, in the absence of any specific orders from the Government reallocating the cases.

While one version is that a separate order from the High Court/Government is required for reallocating the cases to the courts concerned, another view is that Special Court-I can go ahead with the trial without waiting for any formal orders as it has only been redesignated and that a new judge has taken charge.

It all began when the question of extension of the tenure of the three special courts, constituted in 1997, came up.

The High Court felt that as only about half-a- dozen cases were pending before them and also in view of the retirement of the then Special Judge-I, P.Anbazhagan, on July 31, Special Court-I could be extended up to that date and the tenure of the other courts extended till June 30 next year.

The Government accepted the proposal and passed suitable orders.

With the tenure of Special Court-I expiring on July 31, the Government redesignated Special Courts-II and III as Special Courts I and II.

In its communication to the Principal Judge, City Civil Court early this month, the High Court said the Government had been addressed for reallotment of the staff originally sanctioned for Special Court-I to the Mahila Court, Chennai, and to the newly-sanctioned Additional Sessions Court, Chennai, for trial of cases against members of the Vellai Ravi and Chera gangs, and to transfer the cases pending before the earlier Special Court-I to the redesignated courts.

The orders were awaited.

There is also the argument that as the Government passed an order allocating 46 cases, registered during the DMK rule, to the various courts, an order is required now too for transferring cases.

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