S.C. stays release of Veerappan aides

By T. Padmanabha Rao

NEW DELHI, AUG. 29. The Supreme Court today directed that pending further orders none of the 115 ``Veerappan aides'' shall be released on ``bail'' or otherwise.

A bench, comprising Mr. Justice S. P. Bharucha, Mr. Justice Syed Shah Mohammad Quadri and Mr. Justice N. Santosh Hegde, issued the order while listing for hearing a special leave petition (SLP) for September 1.

The SLP from Mr. Abdul Kareem, a retired police officer and father of sub-inspector Shakeel Ahmed, who along with a Superintendent of Police was killed allegedly by Veerappan in 1992, was directed against the August 19 order of the Designated Court, Mysore, according ``consent'' to the Special Public Prosecutor for withdrawing charges for offences punishable under Sections 3, 4 and 5 of the Terrorist and Disruptive Activities (Prevention) Act - TADA - against certain accused (51 Veerappan aides).

The Bench allowed the Karnataka Government to file its counter- affidavit.

Earlier, when Mr. Ch. Badri Nath Babu, counsel for the petitioner, ``mentioned'' the SLP during the `pre-lunch session' for an urgent hearing, the Bench ordered that none of the accused-respondents be released on ``bail'' or otherwise and said the SLP would be heard in the post-lunch session.

A total of 115 accused (including Veerappan) were cited as respondents.

The 51 accused, who were ordered released on ``bail'' by the Principal and Sessions Judge, Mysore, on August 28, are included in the list of 115 accused.

When the SLP was taken up for hearing, Mr. Harish N. Salve, Solicitor-General, submitted that the order made by the court during the pre-lunch session was immediately communicated to the authorities and that, in accordance therewith, none of the accused-respondents (in the SLP) had been released.

The SLP contended that the impugned August 19 order had ``resulted in an unprecedented miscarriage of justice as the learned Designated Judge failed to appreciate that the permission (to withdraw `TADA' charges) was sought on grounds extraneous to the interest of justice and therefore the judgment is liable to be set aside by this court (apex court).''

The SLP also pleaded that ``the Designated Judge failed to appreciate that the application filed by the prosecution under Section 321 of the Cr.P.C. indicated that the police machinery in Karnataka became totally ineffective and it gives a signal to the general public that this kind of concessions given by the State Government enables the potential criminals to become hardened criminals so that whatever heinous offences they may commit they can escape from the clutches of criminal justice and even become elected representatives of the people and sit at the place of enactment and spoil the morality of the general public...''

A related SLP against the order dated August 28 made by the Principal and Sessions Judge, Mysore, granting bail to certain accused (Veerappan aides) was also before the court.

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