Date:07/11/2009 URL: http://www.thehindu.com/2009/11/07/stories/2009110756380600.htm

Tamil Nadu - Madurai

Convict turns emotional, writes letter to court

Mohamed Imranullah S.

Seeks early hearing of an appeal filed by him in 2003 challenging his conviction

MADURAI: R. Kathiresan, a 61-year-old convict at the Madurai Central Prison, here has written an emotional letter to the Madras High Court Bench here to expedite the hearing of a criminal appeal filed by him as early as 2003 challenging the conviction.

The handwritten letter received by the Registrar (Judicial) on October 30 read: “I wish to place the precarious position prevailing with me. I am now 61 years old and a chronic diabetes patient. My wife, who is 56 years old, is also severely affected.”

Claiming that his daughter and two sons were eking out a living without his support, the convict said: “Hence, my early release may be a boon and a desirable one. Despite the best efforts of my counsel, my case is not yet decided but regularly adjourned.”

He went on to state: “You may be aware that speedy justice is a fundamental right guaranteed under Article 21 (Right to life and personal liberty) of the Constitution…Therefore, my case may be accorded priority.”

A Special Court for Narcotic and Psychotropic Substances Act had sentenced him to 10 years of rigorous imprisonment besides paying a fine of Rs. 3 lakh or to undergo nine more years of imprisonment for possessing narcotic substances.

Another case

In the meanwhile, Justice P. Murgesen on Thursday set aside the conviction and sentence imposed on another person, N. Veeraiyan, nabbed by the Tuticorin Narcotics Intelligence Bureau-CID on January 18, 2000 for possessing half kilogram of heroin.

The judge agreed with the petitioner’s counsel M. Karunanithi that the police had altered the contents of the documents related to the case.

The quantity of the contraband sent for chemical analysis had been changed from 25 to 10 grams.

It was found out that the First Information Report, seizure report and even a letter written by the trial court to the Director of Forensic Sciences Laboratory at Chennai had been tampered with and the quantity of the narcotic substance changed.

This criminal appeal, also filed in 2003, was originally dismissed by the High Court due to non-appearance of another counsel who was conducting the case earlier. It was heard afresh only after a restoration petition filed by Mr. Karunanithi.