Move to release Terrorists in the name of CBI probe

via published on September 28, 2006

Marad: Move to stall trial, release accused on bail

KOZHIKODE: A covert move is on from the part of the government to stall the proceedings of the Special Court of Babu Mathew P. Joseph trying the Marad murders on May 2, 2003 and leave the accused on bail using the recommendations of the Marad Judicial Commission as an alibi.

Sources told this website’s newspaper that the government had already sought the legal opinion in this regard. A senior police officer had visited Kozhikode and had discussed the possibility of granting bail to the accused who are now in remand.

According to the sources, the plan is to order a CBI probe into the incident in the wake of the findings of the commission. This will enable the accused to get the bail. The Hindu organisations cannot oppose the move, as CBI investigation was their major demand.

It is learnt that police officers had made some studies to gauge the reactions once the accused are let off on bail. There are 139 accused in the case.

Interestingly, the judicial commission had not recommended stalling the proceedings of the trial. What it suggested was a joint investigation by agencies like the IB, CBI and the DRI into the sources of fund and larger conspiracy behind the incident.

If implemented properly, the suggestion of the commission would not disturb the trial in the special court. But it is learnt that the government is inclined to order a CBI probe into the whole incident, thereby stalling the trial at the special court.

The BJP, which was vociferous in demanding the CBI probe, has become more cautious after sensing the move. Its president P S Sreedharan Pillai told a news conference here on Tuesday that “he has bona fide apprehension’ about the move. He demanded that the CBI probe be ordered without disturbing the trial. Pillai said he suspects that the CPM is behind the move and the organised leaking of the commission report was part of the game.

The Special Court is into the final stages of the proceedings. The investigating officer T V Kamalakshan is being examined in the court. The trial began in the court on December 20, 2004 with the examination of Sugunan, a witness.

The court has already examined witnesses including police officers P Sankaranarayanan, Muraleedharan Nair, Abdul Hameed, former collector T O Sooraj, former RDO P Balan, former CDA chairman M C Mayin Haji, forensic expert Sherly Vasu, scientific assistant Annamma John.

Adv. P K Haridas is appearing as the special prosecutor in the case and Adv. Janardhana Kurup is the defence lawyer.

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