Defence counsel faults ATS for not producing operatives in court
BHOPAL: Defence, on Tuesday, has opposed detention extension for Students’ Islamic Movement of India (SIMI) operatives without producing them in the court. The defence raised the objection against Anti Terrorism Squad (ATS) for it.
The defense has opposed on the basis of the Section 167 of CrPC which reads that no magistrate shall authorise detention in any custody under this section unless the accused is produced before him.Defence counsel Pervez Alam said, “We have opposed such practice of ATS for detention extension without producing SIMI operatives in the court. We raised our objection before the courts wherever SIMI cases are pending. There three courts-CJM court, and two ADJ courts where SIMI cases are being heard.”
He said, “ATS is not producing the SIMI operatives in the court and succeeds in getting their detention extended which is not justified. First, ATS should produce them in the court and if not possible then video conferencing should be arranged but such facility is not in all the courts.
This is the reason, they should be produced in the court.” “Taking the ground of the Section 167 of CrPC which reads that no magistrate shall authorise detention in any custody under this section unless the accused is produced before him, we have filed our objection,” he added.He said, “Video conferencing facility is in the court of ADJ BS Bhadauria but not in other court. Last time, there was hearing in ADJ KK Verma but SIMI operatives were not produced. ADJ KK Verma’s court does not have facilities of video conferencing.”
“ATS has sufficient security but it does not want to bring SIMI operatives in the court. This is reason, they pretend taking the ground of security reason,” he added.
