[Reader-list] Kerala probing SIMI links with Parliament attack accused

[Shivam V]

The presumption of innocence – being innocent until proven guilty – is
a legal right that the accused in criminal trials has in many modern
nations. The burden of proof is thus on the prosecution, which has to
collect and present enough compelling evidence to convince the judge
and jury, who are restrained and ordered by law to consider only
actual evidence and testimony that is legally admissible, and in most
cases lawfully obtained, that the accused is guilty beyond a
reasonable doubt. In case of remaining doubts, the accused is to be
acquitted. This presumption is seen to stem from the Latin legal
principle that ei incumbit probatio qui dicit, non qui negat (the
burden of proof rests on who asserts, not on who denies).

More: http://en.wikipedia.org/wiki/Presumption_of_innocence

The origins of a legal maxim:
http://faculty.cua.edu/pennington/Law508/InnocentGuilty.htm



On Sat, Nov 8, 2008 at 3:37 PM, Aditya Raj Kaul <kauladityaraj at gmail.com> wrote:
> Kerala probing SIMI links with Parliament attack accused
>
> 8 Nov 2008, 0312 hrs IST, Ananthakrishnan G, TNN
>
>  THIRUVANANTHAPURAM: Kerala's terror links seem to be getting murkier. The
> state government on Friday told the Kerala high court that it was
>  probing whether some alleged SIMI activists, who had taken part in a
> meeting held by the banned outfit at Panayikkulam in Ernakulam district, had
> any links with those accused in the 2001 Parliament attack case, one of them
> being Delhi University lecturer, SAR Geelani.
>
> The submission came on a plea by the state seeking cancellation of the bail
> granted to two men who had attended the meeting on August 15, 2006. Shameer
> and Abdul Hakeem had been arrested recently during the crackdown on terror
> modules after revelations that four of those killed by security forces in
> Jammu & Kashmir early last month were from Kerala. The duo, named as sixth
> and seventh accused in the case, got bail after police failed to
> substantiate charges against them.
>
> Requesting the HC to cancel their bail, government pleader M S Sukumaran
> said during a search of their houses the police had recovered two CDs,
> containing a portrait of DU lecturer Geelani, who was arrested and later
> acquitted in the Parliament attack case. The CDs have been sent for forensic
> tests to find out whether there is any link between them and any of the
> accused in the Parliament attack case, he submitted.
>
> Sukumaran also contended that the first and third accused in the case were
> in the custody of Jaipur police for being members of the banned outfit.
> Among the 18 people who attended the Panayikkulam meet of SIMI were Ansar
> Moulavi and Shaduli, held for allegedly plotting the May 13, 2008 Jaipur
> blasts.
>
> Link -
> http://timesofindia.indiatimes.com/India/Kerala_probing_SIMI_links_with_Parliament_attack_accused/articleshow/3687589.cms
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