Seeking Urgent Intervention Of NHRC To Save The Life Of ABDUL NAZAR MADANI, Languishing In Coimbatore Prison As Under-Trial Prisoner For Six-And-Half Years

We, the undersigned, express our deep anguish over the fast deteriorated health condition of Mr. Abdul Nazar Madani, incarcerated in Coimbatore prison, Tamil Nadu, for the past six-and-half years as an under-trial. Recent reports suggest that his overall physical condition is precarious causing serious threat to his life as his total weight has now been reduced to 45 kg from 110 kg at the time of his arrest.

Chairperson of Kerala-based Peoples Democratic Party (PDP) and an Islamic scholar, Mr. Madani is a handicapped person due to a bomb attack by RSS in 1992 at Kollam district of Kerala. Incidentally, despite the lapse of 14 years now, none of the RSS attackers has been booked nor this case was proceeded so far. On the other hand, the Tamil Nadu government adopted a belligerent attitude refusing to replace Mr. Madanis artificial leg with a new one, because of which his overall health condition was badly affected during the past six-and-half years of his incarceration as an under-trail prisoner.

Mr. Madani was arrested on March 31, 1998, as the 14th accused in the February 1998 serial bomb blast at Coimbatore. Ever since then, the Tamil Nadu Government, the Special Investigation Team and the prosecution have been adopting various delay tactics to prolong with the trial so as to ensure his unending incarceration in prison. Even the charge sheet was submitted 3 years after his arrest, against the legal stipulation of giving it within 90 days of arrest. On account of Govts failure to provide charge sheet within the stipulated 90 days, the Coimbatore Court granted Mr. Madani bail in 1998. However, in order to ensure his continued incarceration in prison, the TN Govt. slapped National Security Act (NSA) on him, which was ultimately revoked at Supreme Courts intervention in March 1999. Thereafter, the entire trial proceedings were unduly delayed by artificially creating various obstacles and hurdles, which even attracted the trial Courts adverse comments. Even there was a Supreme Court directive to ensure speedy trial of the case on day-today basis. Despite all these, the trial proceedings on snail speed are nearing completion now. Majority of the nearly 2,400 witnesses have already been testified. However, the Tamil Nadu Government refused to grant bail or parole to Mr. Madani at least on humanitarian ground in view of his deteriorated health conditions.

The six-and-half years incarceration of Mr. Abdul Nazar Madani in prison as an under-trial is in total violation of various Supreme Court directives favoring bail, instead of jail, for prisoners in jail for longer period as under-trials. Mr. Madanis imprisonment has also become a history among political leaders in Independent India having spent the longest period in prison as an under-trial.

Because of these factors, all leading socio-political parties and leaders of Kerala cutting across party affiliation have already came forward expressing serious concern over the deteriorated health condition of Mr. Madani and raised their voice in unison favoring his early release on bail. The Chief Minister of Kerala, Mr. Oommen Chandy, had already declared that he would lead a Cabinet delegation to meet Tamil Nadu Chief Minister, Ms. Jayalalithaa, on November 06, 2004, at Chennai, to apprise her, among other things, the condition of Mr. Madani. The CPI(M)-led Opposition also protested against the unending incarceration of Mr. Madani. However, the Tamil Nadu Govt. seems to have not changed its attitude a bit. This has been exemplified in October last week when two ruling party MLAs of Kerala were refused permission to meet Mr. Madani at Coimbatore jail to personally acquaint themselves about his health condition

Under these circumstances, we are of the view that it is imperative for the National Human Rights Commission to make an urgent intervention in this issue so as to prevail upon the Tamil Nadu Government to ensure early release of Mr. Madani on bail which would enable him to get better treatment and, in turn, save his already threatened life from ultimate death in prison.