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This is an archive article published on March 5, 2009

Rlys refuses to withdraw case

Efforts of the Union Ministry of Home Affairs to get former Thiruvananthapuram MP Thalekkunnil Basheer...

Efforts of the Union Ministry of Home Affairs MHA to get former Thiruvananthapuram MP Thalekkunnil Basheer and some other persons off the hook in an ongoing case pertaining to unlawful assembly,disruption of rail traffic and trespass,etc,have hit a major roadblock as the Railway Ministry has refused to play ball.

The case assumes significance because another main accused in the case is Kerala CM V S Achuthanandan.

If the Centre allows the withdrawal of case against Basheer,the Kerala CM and others would also benefit as all have been booked under the same sections of the IPC and Indian Railways Act.

The case involving Achuthanandan,Basheer,who is currently vice-president of the Kerala Pradesh Congress Committee,and leaders of a CPIM-supported trade union is sub judice in the court of Judicial First Class Magistrate,Thiruvananthapuram.

Acting on a request sent by the Kerala Governments Home Department on July 20,2007,for grant of permission under Section 321 of the CrPC to withdraw the case,the Union Home Ministry wrote to the Railway Ministry for the same.

However,in his letter dated February 9,2009,S N Pandey,Director,Railway Protection Force,turned down the MHAs directive,maintaining that the same could not be acceded to as the case was sub judice. When contacted,Pandey said he did not remember the case off-hand.

Sanction of the Union Government is mandatory in case the prosecution wishes to drop charges against any accused in a case where central Government property is involved.

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According to the prosecution case,on January 5,2001,Achuthanandan and Basheer led a group of persons all part of an unlawful assembly and trespassed onto a railway station to protest against the Government policy with regard to coir workers. There the protesters also detained a train for about one hour.

 

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