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SC pulls up Karnataka govt in TADA detenues' case

Onkar Singh in New Delhi

The apex court on Wednesday pulled up the solicitor general, Harish Salve, who was appearing on behalf of the Karnataka government, for not replying to some of the questions put to him by the court to its satisfaction.

The three-judge bench, consisting of Justices S P Bharucha, D P Mahapatra and Y K Sabbarwal, resumed the hearing in the morning after the court had directed the Karnataka government to produce relevant documents to justify the grounds for withdrawing charges against 51 TADA detenues. This was done pursuant to sandalwood smuggler Veerappan demanding their release in exchange for Dr Rajakumar.

Salve, on behalf of the Karnataka government, placed the relevant documents on record but the three judges were not impressed by the arguments of the solicitor general of India. The court had asked for these documents since the state government had sought to release among others Radio Venkatesan, who is an expert in making explosives. Justice S P Bharucha described the order of the home secretary of the Karnataka government as a useless piece of paper as it did not contain any information.

The honourable judges wanted to know what were the grounds on which the case against the TADA prisoners was being sought to be withdrawn in the public interest.

Throughout the four hour hearing the Karnataka government advocates were put on defensive. "Veerappan had made many other demands. What have you done about them? If the court allows the release of the prisoners what is the surety that he would release Dr Rajakumar? Can you give this thing in writing? Has the brigand given up other demands?" the court asked Salve.

Salve argued that the government mediators who had talked to Veerappan in the last one week have been told by the bandit that he would give up all other demands if the 51 prisoners were released. "Give us this in writing after consulting the higher authorities," the court directed the solicitor general of India, and gave him time till 2 in the afternoon to do the same. But Salve sought more time and promised the court that he would do so on Thursday morning.

While rejecting the statement of the Karnataka home secretary, the bench asked the solicitor general of India, "Who took the decision to release the prisoners in the public interest? Was it recorded on the files? Produce these documents."

When Salve argued that in some contingency matters such things might have been overlooked, the judges asked how the public prosecutor was satisfied that he was recommending the withdrawal of the case in the public interest. "Was he privy to some other documents? If that is the case the same should be produced in the court."

Salve refused to comment on any of the observations made by the court and said he would continue his arguments in the morning.

While Salve had a harrowing time, those on the opposing side enjoyed every bit of the comments that were made from the bench by different judges.

After Salve finishes his arguments, the counsel for Tamil Nadu government is scheduled to make his submissions before the court, and it is possible that the hearing will continue beyond Thursday.

The Rajakumar Abduction: complete coverage
The saga of Veerappan

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