N P VEERASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner who is the father of Selvi V.Kokilavani one of the three victims of the incident widely known as Dharmapuri bus burning incident, has filed the above Criminal Original Petition praying to transfer the case in S.C.No.118 of 2000 from the Court of I Additional Sessions Judge, Dharmapuri at Krishnagiri to a Court having competent jurisdiction at Coimbatore District.

(2.) The petitioner would submit that his daughter Kokilavani and two others namely, Hemalatha and Gayathri were burnt alive and died on the spot while they were travelling in their college bus on an educational tour at Illakiyampatti in Dharmapuri District on 2.2.2000; that there were wide spread untoward incidents through out the State when J. Jayalalitha was convicted and sentenced to imprisonment by the Special Court in Pleasant Stay Hotel's case and her party men started indulging in unruly activities joining hands with anti-social elements and one such incident was the burning of the bus in which the three girls who were travelling along with their college mates were burnt alive.

(3.) The petitioner would further submit that thirty one persons have been arrayed as accused having been charged for offences punishable under Sections 147, 148, 149, 341, 342, 302, 307 and 114 of IPC along with Sections 3 and 4 of the Tamil Nadu Property (Prevention of Damage and Loss) Act 1992; that all the accused are either office bearers or holding some post or the other at the District level or town level in Dharmapuri District; that The AIADMK party is the present ruling party in the State; that the trial of the case commenced on 5.11.2001 and 22 witnesses were examined on the side of the prosecution and all including the V.A.O, who is the complainant, have turned hostile in an unprecedented manner; that in the circumstances prevailing at Krishnagiri, within the borders of Dharmapuri District, no fair and impartial trial could be held and the case has to be transferred to a competent Court at Coimbatore; that the accused in the case are mostly AIADMK functionaries and party activists and the State, which is the prosecutor in the present case, is run by the Government of AIADMK party and therefore for speedy, free and fair trial to be held, the transfer of the trial of the said case from the District of Dharmapuri is quite imminent and inevitable; that out of 331 persons cited as witnesses, more than 250 are residing at Coimbatore; that the accused are all the residents of Dharmapuri and the students who travelled in the bus being the students of Agricultural University, Coimbatore, most of them live in and around Coimbatore town and therefore the atmosphere would be congenial for a fair and free trial to be held at Coimbatore wherein, the witnesses cannot be tampered with. On such averments, the petitioner would pray: (i) to transfer the case from the Court of the I Additional Sessions Judge, Dharmapuri at Krishnagiri to a competent Court in Coimbatore District; and (ii) to appoint an independent Public Prosecutor to conduct the trial of the case de novo and to pass such other orders that this Court deems fit and proper.