Date:27/10/2007 URL: http://www.thehindu.com/2007/10/27/stories/2007102753511000.htm

National

Apex court adjourns hearing on State’s plea

Legal Correspondent

New Delhi: The Supreme Court on Friday adjourned by a week the hearing of a Special Leave Petition filed by the State of Kerala challenging an order passed by the Kerala High Court giving a clean chit to Rajya Sabha Member of Parliament and the former Union Minister P.J. Kurian in an alleged rape case.

A three-Judge Bench comprising Chief Justice K.G. Balakrishnan, Justice R.V. Raveendran and Justice V.S. Sirpurkar granted the adjournment on a request from Additional Solicitor General Gopal Subramaniam, appearing for Kerala.

The CJI asked the ASJ and State counsel P.V. Dinesh: “Why do you [State] want to file the appeal in a private complaint. The State is not in the picture. What is the interest of the State when the matter has not even been committed to the court of sessions?”

Even as senior counsel Arun Jaitley, appearing for Mr. Kurian, strongly opposed the SLP, the ASG said that since he did not want to appear, the matter might be adjourned by a week.

The Bench granted the request and posted the matter for next week.

In its SLP, the Kerala government said the trial court had held that there was a prima facie case against Mr. Kurian.

On an appeal from Mr. Kurian, the High Court discharged him from the case.