High Court refuses to quash 35-year-old case
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The Madras High Court has paved the way in which for the graduation of trial in a 35-year-old case, booked for an alleged try to homicide Anton Balasingam, an in depth confidante of LTTE chief Velupillai Prabhakaran, at his residence in Besant Nagar, Chennai, in 1985.
Justice P.N. Prakash refused to quash the case simply because Balasingham was no extra, only one accused was obtainable for trial and most data weren’t obtainable with the court docket due to the passage of time and the switch of the case from one court docket to one other.
The decide agreed with Government Advocate (legal aspect) P. Kritika Kamal that although Balasingham was no extra, different witnesses have been obtainable to testify. Further, case data had been reconstructed and trial may proceed, he mentioned.
Though some accused have been absconding and one individual had died, the decide ordered that the trial may start in opposition to the obtainable accused, Veerasangili Kanniah Thanabalan alias V.{K}.T. Balan, who had moved the High Court to quash the case on the bottom of lengthy delay.
Relying on a few Supreme Court verdicts, whereby it had been held that delay couldn’t be a sole floor to quash a case, the decide mentioned within the current case, the allegations in opposition to the accused have been certainly very severe as a bomb had exploded in Balasingham’s residence however fortunately, nobody was injured.
Further, the accused had additionally been charged with passing on official secrets and techniques concerning the nation. Therefore, a delay or lack of data couldn’t be cited as causes for quashing the case, the decide mentioned.
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