Tamil Nadu - Chennai

Madras High Court allows petition

CHENNAI: The Madras High Court has allowed a petition seeking to condone the delay in filing a revision petition challenging the acquittal of Abdul Nasir Maudany of Kochi in the Coimbatore serial blasts case.

In his petition, Vellingiri of Mettupalayam, who was a prosecution witness in the case, had submitted that the Sessions Judge for Exclusive Trial for Bomb Blast Cases, Coimbatore, had erred in acquitting Mr. Maudany and six others by magnifying minor infirmities and thus resulting in grave injustice.

The trial court erred in rejecting the witness evidence which was cogent and convincing. Mr. Maudany, in his counter, said the petitioner had no locus standi to file the revision petition since he was neither aggrieved nor interested in the prosecution case.

There was no real public interest involved in the matter.

In his order, Justice K. Mohanram said convincing reasons had been stated by the petitioner for condoning the delay. Normally, in these type of matters, the injured witnesses and aggrieved persons would wait for the State to file appeal.

Ultimately, if the State, for reasons best known to it, did not file any appeal against the acquittal, then the aggrieved persons would take steps to file revision. Therefore, the reasons stated by the petitioner were bonafide and it could not be doubted.

Further, Mr.Maudany himself in the counter had not specifically denied the reasons assigned in the affidavits filed in the revision.

It should be taken that such averments were not denied. Mr. Justice Mohanram said the court was of the considered view that the delay had been properly explained. Hence the delay was being condoned.

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