HC restrains police from transferring Naxal leaders

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Mumbai, Dec 20 (UNI) The Bombay High Court today restrained Anti-Naxal units of Vidharbha from obtaining any further order for transferring two alleged Naxal leaders, arrested from Mumbai, until further orders.

Anti-Terror Squad had arrested the alleged national leaders of Peoples War, Vernon Stanislos Gonsalvis and Shreedhar Krishnan Shrinivasan, from Mumbai on August 19. Both of them were later handed over to Anti-Naxal squads of Vidharbha on September 3, as they were wanted in many Naxal-related offences.

Susan Abraham, wife of Vernon, had thereafter moved the High Court stating that the duo was being transferred from one police station to another and since kept in continuous police custody, only to harass them.

Senior Counsel Anand Grover, appearing on her behalf, today pointed that transfer orders were being passed by lower courts ex-parte and without notice to accused or their family members. He contended that, transfer orders were being passed under Section 267 of CrPC, which was not permissible as the section comes into force only after filing of chargesheet against the accused.

He also apprehended that many more such orders could possibly be obtained by police just to keep both of them in custody and requested the court to direct the police to bring on record the exact number of cases against Vernon and Shreedhar.

However, Assistant Public Prosecutor Dadhichi Mhaispurkar was not in a position to give any statistics and pointed out a difficulty stating that he could not make a statement as to in how many more cases they were wanted.

A division bench comprising Justice R M S Khandeparkar and Justice Amjad Sayyad found the transfer orders prima facie were unpermissible and directed the police authorities concerned not to obtain any further transfer orders taking resort to Section 267, until further orders.


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