The CBI has finally filed an appeal before the Madras High Court Bench against a lower court verdict acquitting 17 persons, including a DSP, in the 2007 Dinakaran newspaper office attack case, the Press Trust of India (PTI) has reported.
Stating that the Centre had taken time in granting permission to go in for the appeal, the CBI also filed a petition requesting that the delay be condoned. If the court decides to excuse the delay, the appeal would be taken up for hearing. The deadline for filing the appeal was within 90 days after the lower court gave its verdict.
A Division Bench comprising Justices M Chockalingam and M Duraiswamy issued a notice Monday evening to all theaccused to reply to the petition for condoning delay and posted the case for hearing on August 2.
Three employees of the Tamil newspaper, owned by the Maran brothers Chief Minister M Karunanidhi's nephews, lost their lives in the attack on the office on May 9, 2007 following the publication of a survey which gave an edge to Deputy Chief Minister and Karunanidhi's son MK Stalin over his brother Union Minister Alagiri to succeed their father. It had soured the relations between the family of Karunanidhi and the Marans but they later patched up.
The CBI counsel contended that there was a good chance of succeeding in appeal against acquittal with "strong sufficient and cogent evidence" to establish the guilt. He said no prejudice would be caused to the interest of justice if the delay in filing the appeal was condoned. But grave prejudice would be caused to the interest of justice if the delay in filing the appeal was not condoned.
The Principal District and Sessions court in Chennai had acquitted all the accused on the ground that the prosecution failed to prove the case beyond reasonable doubt. The then DSP V Rajaram was also acquitted of charges of failure to perform his duty.
