The Hindu : Q branch files charge sheet against 26 naxalites

Online edition of India's National Newspaper
Tuesday, May 20, 2003

Southern States

Southern States - Tamil Nadu

Q branch files charge sheet against 26 naxalites

By K. Subramanian

KANCHEEPURAM MAY 19. The State Q Branch police today filed a charge sheet before L. Rajendran, judge of the special court at Poonamallee, near Chennai, against 26 naxalites including five women arrested under the Prevention of Terrorism Act. S. Jayakumar, special public prosecutor, told The Hindu that the charge sheet was filed against six absconding naxalites also. The accused are completing 180 days in custody on May 23.

The charge sheet has been filed under Section 3 (2) (punishment for a terrorist act.

Whoever commits a terrorist act shall if such act has resulted in the death of any person, be punished with death or imprisonment for life and shall also be liable to fine); Section 3 (5) (any person who is a member of a terrorist gang or terrorist organisation, which is involved in a terrorist act, shall be punished with imprisonment for a term which may extend to life imprisonment or with fine which may extend to Rs. 10 lakhs or with both) and Section 22 (1) (a person commits an offence if he invites another to provide money or other property and intends that it be used or has reasonable cause to suspect that it may be used for terrorism) of the POTA.

In all, 28 naxalites were arrested under the POTA in Dharmapuri on November 24 last and the cases against two of them — Prabhakaran and Bhagatsingh — were transferred to the Juvenile Justice Board.

The case is coming up for hearing before the POTA court tomorrow. On May 12, the special judge extended the remand for the naxalites till May 20 to enable the public prosecutor to file the charge sheet.

The hearing on bail applications filed by 18 naxalites, including five women, is coming up on May 27.

Charges against Nedumaran on May 30

In another POTA case, framing of charges against the Tamilar Desiya Iyakkam president, P. Nedumaran, and four others — the general secretary, Suba Veerapandian, Pudukottai Pavanan, Thayappan and Shahul Hameed, publisher of Tamizh Muzhakkam — was once again deferred, as the defence counsel, N. Chandrasekaran, submitted that the Supreme Court was still seized of a petition challenging the constitutional validity of Section 21 of the legislation.

The judge asked him to file a memo for adjournment, giving reasons.

He then extended the remand for Mr. Nedumaran and the others till May 30 and said charges would be framed on that day. When the case came up for hearing, Mr. Chandrasekaran said he would file discharge petitions in two or three days on behalf of all the accused, stating a mere speech in support of a terrorist activity of a terrorist organisation would not be an offence. Earlier, Mr. Nedumaran and the others were brought from the Cuddalore and Tiruchi prisons and produced in the court, amid tight security.

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