Thursday, November 28, 2019

Melavalavu convicts must stay in Vellore: HC

K.Kaushik@timesgroup.com

Madurai:28.11.2019

The Madras high court on Wednesday directed the13 convicts in the Melavalavu massacre in Madurai district to stay in Vellore district till the petition challenging the GOs passed for their premature release is disposed of.

A division bench of Justice S Vaidyanathan and Justice N Anand Venkatesh passed the interim order while hearing the PIL filed by advocate P Rathinam, appearing as partyin-person in the plea challenging the GOs. The case involves the massacre of six dalits at Melavalavu on June 30,1997, by members of another caste following the election of a dalit as the village council president. The state government released all the convicts earlier this month citing good conduct.

The judges noted that they were not inclined to grant any stay since it will virtually amount to granting final relief in the petition. However, due to the sensitivity of the issue and to avoid law and order problems at the village, certain interim directions had to be given till the petition is disposed of. The convicts have been asked to report before the Vellore district probation officer on the second and fourth Sundays and the Vellore superintendent of police on the first and third Sundays. They should not move out of Vellore district without getting the court’s permission. Neither the petitioner nor any other organisation shall take up the issue of the release of the convicts through print media or social media.

No meetings or gatherings are to be allowed regarding the issue till the disposal of the petitions and law and order is to be ensured at Melavalavu village. The judges further directed the secretary of home department, IG prisons and Madurai central prison superintendant to file a counter before January 2 and posted the case for final hearing on January 6.

Meanwhile, the state government stated in the status report that the secretary of home department had submitted that the inspector general of prisons and the state-level committee constituted considered the cases of the prisoners who are eligible for premature release as per the eligibility criteria in GO dated February 1, 2018. However, the bench observed that an earlier bench had come to a conclusion that the act of the accused persons was not a murder but to terrorize the scheduled caste community.

“This observation made by the earlier bench in criminal appeals clearly shows that this case cannot be looked from the angle of a regular murder case and this case clearly has an impact on the persons belonging to the downtrodden section of the society and the society at large. A reading of the status report prima facie shows that this case has not been strictly scrutinized from this angle,” observed the judges.

The convicts have been asked to report before the Vellore district probation officer on the second and fourth Sundays and the Vellore superintendent of police on the first and third Sundays

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