This Article is From Feb 18, 2013

Families of Veerappan's aides facing execution say trial was unfair

Maatili, Karnataka: A tense atmosphere prevails at Maatili village in Karnataka, home to the four associates of late sandalwood smuggler Veerappan, whose mercy petitions have been rejected by President Pranab Mukherjee. Convicted of killing 22 people, mostly policemen, in a landmine blast nearly 20 years ago, all four now face the gallows.

Yesterday, the convicts - Gnana Prakasam, Simon, Meesekar Madaiah and Bilavendran - moved the Supreme Court, seeking a stay on their executions but the Supreme Court has refused to hear their pleas urgently.

Gnana Prakasam's wife, Selva Mary, is demanding a re-trial. She alleges that the accused could not get competent lawyers to defend them. In tears, she told NDTV, "Day and night, we (the family) contemplate suicide. He's innocent. There should be a re-trial. He has never seen Veerappan."

The families of Bilavendran, Simon, Madhaiyaan, all farmers, ask why it took nine years for their mercy petitions to be disposed by the country's Presidents over the years. They want the execution order stayed till the Supreme Court decides on the petition of those convicted in the former Prime Minister Rajiv Gandhi assasination case. The accused in the Rajiv Gandhi assassination case have challenged their death sentences and questioned the long delay in their mercy pleas being reviewed.

Bilavendran's son, Victor, told us, "Till the judgement is given in the petition by Rajiv Gandhi case convicts, all executions have to be stayed."

The case was tried under the draconian Terrorist and Disruptive Activities (Prevention) or TADA Act and was marred by allegations of police excesses like torture and other rights violations. Henry Tiphagne, executive director of People's Watch, a rights group, said, "When you can't keep rule of law in place, when you can't ensure action against erring police officers, it's extremely unfair that you don't intervene at this stage."

The trial of the convicts took place at a Mysore court, which handed them life sentences in 2001; that was enhanced to death by the Supreme Court in 2004. All of them are Tamils and their families allege that they did not get a fair trial in Karnataka. They point out that the trial took place when tensions between Karnataka and Tamil Nadu over the Cauvery water dispute were high. Authorities in Karnataka deny allegations of an unfair trial, saying adequate legal assistance had enabled acquittal of  more than a hundred accused in the case.

 
.