Thalassery court to decide on changingtrial court
tnn | Feb 14, 2019, 23:44 ISTThalassery: The Central Bureau of Investigation (CBI), which submitted the supplementary chargesheet after probing the role of CPM district secretary P Jayarajan and MLA T V Rajesh in the murder of Muslim Youth League worker Ariyil Abdul Shukoor, has demanded that the trial in the case should be conducted in the CBI special court in Kochi.
The Thalassery sessions court, which heard the preliminary argument, said there are issues related to the jurisdiction of the court and posted the hearing to February 19.
Though six accused in the case from accused 28 to 33, including Jayarajan and Rajesh, moved discharge petition, the court of additional session’s judge T Indira said it would be considered only after deciding if this case comes under the jurisdiction of the Thalassery court or the CBI special court. The two leaders are accused 32 and 33 , respectively in the case.
Defendant lawyer P Vishwan said the same court had earlier rejected the demand of the CBI to shift the case to the CBI special court and the case is now pending with the Supreme Court. However, the situation has changed now as the CBI has filed the chargesheet, observed the court. The CBI counsel also argued that now that the chargesheet has been submitted, the court can suo motu shift the court as there is an apex court order in this connection.
Meanwhile, the six accused who moved three sets of discharge petition, one each for two accused, argued that the new chargesheet has no evidence against them. Even the new chargesheet does not mention that the six accused plotted the conspiracy together, they argued.
At the same time, the investigating agency justified the decision to shift the case to the designated CBI special court, which is the CJM court in Kochi.
The defendant lawyer said the defendants are not concerned about which court the case should be trialled.
“Our stand is that it should be held in the court that is legally permissible; there should be clarity in that connection, and our expectation is that it would be decided on February 19,” he said.
The Thalassery sessions court, which heard the preliminary argument, said there are issues related to the jurisdiction of the court and posted the hearing to February 19.
Though six accused in the case from accused 28 to 33, including Jayarajan and Rajesh, moved discharge petition, the court of additional session’s judge T Indira said it would be considered only after deciding if this case comes under the jurisdiction of the Thalassery court or the CBI special court. The two leaders are accused 32 and 33 , respectively in the case.
Defendant lawyer P Vishwan said the same court had earlier rejected the demand of the CBI to shift the case to the CBI special court and the case is now pending with the Supreme Court. However, the situation has changed now as the CBI has filed the chargesheet, observed the court. The CBI counsel also argued that now that the chargesheet has been submitted, the court can suo motu shift the court as there is an apex court order in this connection.
Meanwhile, the six accused who moved three sets of discharge petition, one each for two accused, argued that the new chargesheet has no evidence against them. Even the new chargesheet does not mention that the six accused plotted the conspiracy together, they argued.
At the same time, the investigating agency justified the decision to shift the case to the designated CBI special court, which is the CJM court in Kochi.
The defendant lawyer said the defendants are not concerned about which court the case should be trialled.
“Our stand is that it should be held in the court that is legally permissible; there should be clarity in that connection, and our expectation is that it would be decided on February 19,” he said.
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