The Hindu : Judge warns officials of contempt action

Online edition of India's National Newspaper
Thursday, Nov 21, 2002

Southern States

Southern States - Tamil Nadu

Judge warns officials of contempt action

By V.S. Palaniappan

Coimbatore Nov. 20 . Coming down heavily, for the second successive day today, on the police and the prison department for failing to produce two Al-Umma undertrials before a bomb a blast case court here, the judge warned of ``contempt proceedings'' against officials ``if they continued to be indifferent''.

The judge, R. Sivakumar, adjourning hearing in the TADA case for the second day, said ``the officials concerned had designed to make it appear they were complying with the directives of this court, and at the same time, by delaying the production of the accused, they caused adjournment today also''.

After hearing a representation by the Additional Superintendent of Prisons, Y. George Theodore Selwyn, Mr. Sivakumar said the first accused, S.A. Basha, was handed over to the escort police in Chennai only at 11.15 a.m. today, while the other (fourth accused in the TADA case and tenth in the serial blast case), Zakir Hussain, was handed over to the escort police in Tiruchi only at 8.45 a.m.

When the judge asked why the prosecution had not brought them here on time despite the directive, Mr. Selwyn said the two, being sensitive undertrials, transit during night was avoided as a precautionary measure. Earlier, the Superintendent, Coimbatore Central Prison, G. Doss, called on the judge and explained the circumstances which led to the delay in producing the accused.

``It would not be prudent to expect their arrival before 7 p.m. and 2.30 pm respectively'', the judge said. As a result, the obstacle to further proceedings in this case still persisted, inspite of the directions given on November 18 and the strictures passed the next day, asking that the accused be produced ``before the commencement of the business hours today'', he noted.

``The action on the part of the persons responsible for the production of the accused (in not moving them well in advance from the respective places to ensure their presence on time) showed their indifference to the directions of this court'', the judge observed.

``If the sorry state of affairs continues, this court will be constrained to refer the matter to the Madras High Court for initiating contempt proceedings against the officials''. Giving the prosecution a last chance, Mr.Sivakumar adjourned the case to tomorrow and directed the officials to produce all the accused before 10.30 am.

The judge wanted to know whether the prosecution was ready to offer any explanation for a`` factually incorrect'' report sent by the Superintendent of Central Prison, Chennai, which contained ``suppression of facts'' on the production of the accused before various other courts and asked why contempt proceedings should not be initiated against the official.

Mr. Sivakumar also directed the Superintendent to send a report offering his explanation. In his report dated November 19, received by the Coimbatore court today, the official said Zakir Hussain was produced not before the Poonamalle court (near Chennai) but before the CJM court, Tiruchi, in connection with the BJP functionary Sreedhar murder case, contradicting his November 18 report. For the suppression of facts and contradiction, ``if he failed to offer his explanation, it is implied; contempt proceedings will be initiated against him'', said the judge.

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

Southern States

Stories in this Section

Water tariff raised for local bodies

Judge warns officials of contempt action

NLC tower damaged in powerful blast

Peculiar situation brings Left closer to Congress

Kingpin of callgirl racket nabbed

T.N. seeks Central grant of Rs. 3,000 cr.

Controversial desilting in Sivaganga village comes to a halt

Stepmotherly treatment, says Madurai Mayor

'Mizoram lottery scheme lacks transparency'

Police hunt for G.K. Mani

'Final push' to leprosy eradication gets under way