Southern States - Tamil Nadu   

Special Court permits change of counsel

By V.S. Palaniappan

Coimbatore March 5. The stalemate over the conduct of trial in the serial blasts case, which lasted since last Friday, was resolved today. The judge of the Special Court, R. Sivakumar, today permitted change of counsel as sought by one of the accused and appointed the particular counsel as an amicus curiae to assist the court in the conduct of trial.

Sikkander, an undertrial, moved a petition before the court last Friday seeking permission to disengage the State Brief Counsel, S.K. Raghavan, who was defending him in the case and sought appointment of a counsel of his choice. As the accused had pleaded that they had no resources to defend, the court had appointed State Brief Advocates under the provisions of the Legal Services Authority Act. The court, hearing the petition on Monday and Tuesday, made it clear that the accused should make it clear as to why he was seeking a change of counsel and should choose any one of the 26 State brief counsel in the panel who were already appearing in this case.

Sikkander told the special court judge on Tuesday that the particular counsel appearing for him was favouring the prosecution and hence wanted to disengage him. The plea for a change of counsel derailed the trial for the third time. Disposing off the petition today, the judge conceded his demand and permitted him to avail of the services of another State brief counsel, Abubacker, as desired by him. The judge also made it clear that the particular counsel could not be removed from the panel and said that though not engaged by any of the accused, Mr. Raghavan would remain as an amicus curiae to assist the court.

He pointed out this trial court rejected the plea of the accused on two earlier similar occasions stating that the accused availing State brief counsel could not pick and choose counsel of their choice and they had to limit their choice within the available panel of advocates. The decision of the trial court was, however, upheld by the High Court which dismissed the revision petition filed by the accused on both the occasions, he said. With the disposal of the petition, the trial that came to a standstill on Friday for the third time resumed and two witnesses were examined today.

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