Date:20/09/2006 URL: http://www.thehindu.com/2006/09/20/stories/2006092017690700.htm

Tamil Nadu - Chennai

High Court breather for Maoist leader

Special Correspondent

He should not be taken to West Bengal till a final decision is taken: court `He should not be taken to West Bengal till a final decision is taken'

REMANDED TO CUSTODY: Chandra Prakash Gajurel, Napalese Maoist leader coming out of the Egmore court in Chennai on Tuesday. — Photo : K. V. Srinivasan

CHENNAI: The Madras High Court has said Nepalese Maoist leader Chandra Prakash Gajurel shall not be taken to West Bengal on transit warrant till a final decision is taken on matters pending here. A Division Bench, comprising Justices P. Sathasivam and S. Tamilvanan, granted the interim relief to the Maoist leader after his counsel told court Mr. Gajurel was not arrested in front of the Central Prison as claimed by police and the re-arrest formalities were completed inside the jail. As the Maoist leader had served the jail term for Passport Act violations and completed detention under the National Security Act, he should be released at least for a limited period till disposal of the writ petition.

Counter-affidavit

West Bengal police filed a counter-affidavit, saying Mr. Gajurel held secret meetings for arms struggle, snatching arms from security forces and to spread Maoist theory. He was preparing cadres for waging war and armed struggle against the Government of India and West Bengal and also spread hatred amongst citizens with a view to disturbing law and order.

The Bench asked the West Bengal police as well as Mr. Gajurel's counsel to go before the Chief Metropolitan Magistrate in Egmore and work out their remedies. If the prosecution wanted to raise objections it was free to do so in the CMM court.

In the afternoon, Chief Metropolitan Magistrate Ayyasamy remanded Mr. Gajurel to judicial custody till September 25 and asked the West Bengal police to submit their replies to Gajurel's bail plea by Wednesday.

Members of some organisations, including the Nepalese People Rights Protection Committee (Tamil Nadu and Pondicherry), held a demonstration inside the court premises demanding action against the West Bengal police and the release of Mr. Gajurel.