VAIKO Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) The above appeal has been preferred by the appellants challenging the order made in MP.No.33/2004 dated 03.09.2004 in Special CC.No.1/2003 on the file of the learned Judge, Special Court under the Prevention of Terrorism Act, 2002.

(2.) The brief facts of the case are as follows:-

(3.) Mr.Yashod Varadhan, the learned Senior Counsel appearing for the appellants herein would mainly contend that the order passed by the Special Court in MP.No.33/2004 on 03.09.2004 is contrary to law and against the provisions of section 321 Cr.P.C. It is his further case that the Special Court had erred in rejecting the request of the Public Prosecutor holding that the Public Prosecutor had failed to exercise his independent opinion. Further, he adds that the Special Court erred in holding that the Review Committee has not considered the other materials, i.e., the evidence of the officers covering the speech and the documents like shorthand note books etc. But, according to him, the entire speech made by all the accused/the appellants herein was admitted on its face value and considered by the Review Committee. Therefore, the Special Court ought to have accepted the same and given the consent to Public Prosecutor to withdraw the proceedings.