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October 19, 2000

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SC 'not inclined' to release TADA detenues

Criticising the Tamil Nadu government for failing to post policemen at Gajanur farmhouse despite information that matinee idol Rajakumar faced kidnapping threat from Veerappan, the Supreme Court on Thursday gave indications that it will not allow release of the 51 associates of the forest brigand.

"At the moment we are certainly not inclined to allow their release," a three-judge bench, comprising S P Bharucha, P Mahapatra and Y K Sabharwal, observed during the hearing of the case.

Referring to the August 19 order passed by the Mysore designated Court allowing an application under section 321 of the CrPC for dropping TADA charges against the accused, Justice Bharucha said, "This is a terrible order. It is out of pure fear. It is a mere knee-jerk reaction. Therefore, as far as section 321 is concerned, we are not inclined at the moment in favour of the August 19 order".

Solicitor General Harish Salve appearing for Karnataka said the decision was taken keeping in mind that if something happened to Rajakumar, there was a possibility of serious linguistic unrest.

Justice Bharucha said, "If something happens to Rajakumar, the blame will entirely lie with Tamil Nadu and Karnataka governments".

He was not talking of the present government but about the two states for the last 10 years, he said. "It is a pipe-dream that the accused will not disappear. Let us be clear that whole idea seems to be to release them so that they could disappear," the Bench observed.

The Bench told the Tamil Nadu government to admit its lapse in not providing proper security at Gajanur.

"The two governments have failed utterly in taking steps to nab Veerappan. Why should we not think that the whole kidnap drama was a ploy to help Veerappan," the bench said.

It also asked, "Can any government say that it cannot control mob violence? If yes, then that government should pack up and go".

The Court asked both the state governments, "What is the guarantee that if you concede the demand in respect of 51 accused and not the other demands, Rajakumar will be freed?"

The full coverage of the Rajakumar kidnap crisis

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