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Karnataka to petition CJI for vacating stay on bail plea

Fakir Chand in Bangalore

The Karnataka government will petition the Chief Justice of India soon to vacate the indefinite stay granted earlier by the three-judge bench of the Supreme Court against the release of 51 TADA detainees, who are the suspected associates of forest brigand Veerappan.

Stung by the ruling, Chief Minister S M Krishna hurriedly convened a cabinet meeting on Friday night to chalk out the government's next course of legal action for securing the 'early' release of abducted Kannada superstar Rajakumar from the clutches of the outlaw. The hostage crisis entered the 34th day on Saturday.

Briefing mediapersons on the outcome of the impromptu cabinet meeting, Krishna said the government would finalise on Saturday its petition to Chief Justice Dr A S Anand as it was the only course of option given by the apex bench in its operative order.

"State Advocate General A N Jayaram and additional Solicitor General Harish Salve are returning to Bangalore. We will discuss the court order and opt for the option suggested by the bench itself by Saturday, and decide the date of appeal to the CJI."

The apex bench headed by Justice S P Bharucha had observed in its ruling that "the respondent (read the state government) was at liberty to mention the matter before the Chief Justice of India A S Anand for seeking relief."

Asked whether the government had considered the court verdict as a major setback and as unexpected, Krishna said: "We had a 50-50 chance. Now that we have the option of moving the Chief Justice of India for an early hearing to dispose of the Special Leave Petition, which has been admitted by the apex bench, we will exercise the option."

Replying to a query on whether the negative verdict would have an impact on the early release of Rajakumar, the chief minister said: "The release of Rajakumar is being pursued separately. In this context, the good offices of all concerned are being utilised for his early return.

"Tamil Nadu Chief Minister M Karunanidhi is also confident that our emissary R Gopal will succeed this time in his third mission to the jungle. I am also hopeful of Rajakumar's early release. I had a detailed discussion with Karunanidhi on the outcome of the Supreme Court order earlier in the evening."

Krishna also admitted that there was no change in the situation since the apex court stayed the release of the accused on August 29 and its upholding on Friday by the three-judge bench. "We accept the directions given by the Supreme Court, and we will take appropriate action to get the SLP vacated at the earliest."

Asked whether the stand of the state government, as mentioned in its counter affidavit filed before the bench, that any further delay in vacating the stay on the bail pleas would lead to a law and order problem in the state would change in its prayer before the CJI this time, Krishna replied that the order of the bench does not refer to what was mentioned in the affidavit.

"The order does not speak about it. I go by what the order says. I will not be able to comment on the observations made by the learned judges. There are many contentions issues. But it would not be proper on my part to react or interpret when the issue is still pending before the apex court," a wary Krishna stated.

The stay was given by the bench in response to the Special Leave Petition filed by Abdul Kareem, former DSP and aggrieved father of slain sub-inspector Shakeel Ahmed, who was ambushed by Veerappan eight years ago along with six other police officers.

Kareem's original petition on the dropping of charges by the state government against the accused in the TADA court at Mysore was dismissed by its designated judge M S Rajendra Prasad on August 19, stating that the petitioner had no locus standi.

Whereupon, the detainees were granted bail by Justice Prasad as judge of the Mysore sessions court on August 28. The bail orders were stayed by the apex bench on the following day (August 29) through an interim order.

ALSO SEE:

The Abduction of Dr Rajakumar: The full coverage

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