HC allows CBI's special leave plea in Dinakaran attack case

HC allows CBI's special leave plea in Dinakaran attack case

A Division Bench of Justice S.Rajeswaran and Justice G.M.Akbar Ali allowed the SLP,saying the appeal had been made after the Central government directed the Joint Director of CBI at Chennai to go in for appeal. They rejected the contention that as the case was filed by the CBI in the trial court under Delhi Special Police Establishment Act,the appeal could not be filed under the orders of Central government.

The High court had also already condoned the delay for filing the plea on July 7 last and on July 8 the SLP had been filed.The Joint secretary(Vigilance) of the Union government had also given the sanction for appeal,and the central government also sanctioned permission for going in for appeal.

Minor lapses could not be the ground for not allowing the SLP,the judges said, saying it had been allowed under Sec 378(2) of CRPC (appeal in case of acquittal).
The Tamil newspaper is owned by the Maran brothers- Kalanidhi and Union Minister Dayanidhi, grand nephews of former Chief Minister M Karunanidhi.

Three employees of the daily lost their lives in the attack on the office on May 9, 2007 following the publication of a survey which gave an edge to then Deputy Chief Minister and Karunanidhi's son M K Stalin over his brother Union Minister Alagiri to succeed their father. The case was filed by Othakadai police and transferred to the CBI,which named 17 persons including a DSP as accused in the case.The DSP, V Rajaram, was accused of failing to take steps to prevent the incident.

The Principal District and Sessions Judge acquitted all the accused on Dec 9,2009, saying the prosecution had failed to prove the case beyond all reasonable doubt.

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