The Hindu : Vaiko likely to seek bail

Online edition of India's National Newspaper
Wednesday, Dec 31, 2003

Southern States

Southern States - Tamil Nadu

Vaiko likely to seek bail

By R.K. Radhakrishnan

CHENNAI DEC. 30. The general secretary of the Marumalarchi Dravida Munnetra Kazhagam (MDMK), Vaiko, jailed under the Prevention of Terrorism Act (POTA), is likely to seek bail shortly.

Mr. Vaiko, arrested in July 2002 for a speech he delivered at Tirumangalam, near Madurai, in June 2002, has been lodged in the Vellore jail. He has consistently refused to seek bail stating the foisted case would not stand legal scrutiny.

Now, reacting favourably to an appeal made by the president of the Dravida Munnetra Kazhagam (DMK), M. Karunanidhi, on Monday, Mr. Vaiko said the MDMK's top leadership, in consultation with lawyers, would consider the request. Mr. Karunanidhi had told Mr. Vaiko that he was needed to do more work in the field.

Mr. Vaiko, who was produced in the Special Court for POTA cases at Poonamallee, said that even when Mr. Karunanidhi met him in the Vellore jail earlier, he asked Mr. Vaiko to seek bail. At that point, Mr. Vaiko explained to Mr. Karunanidhi that he had filed a writ petition in the Supreme Court (challenging certain sections of the POTA) and that he was expecting a decision. Subsequently, the court disposed of his petition with certain directions to the POTA court.

Mr. Vaiko pointed out that the bail petitions of eight other party leaders arrested in the POTA case were pending before the Madras High Court. These were posted to the first week of January. But since the court was on vacation, MDMK lawyers requested the Registrar-General to form a special Bench to consider the bail applications. Today, the MDMK again wrote to the Chief Justice, Subhashan Reddy, reiterating the need for the constitution of a special bench.

Mr. Vaiko is keen that the others jailed with him get bail at the earliest. But they are equally keen on Mr. Vaiko walking out of the jail with them.

Asked if the DMK exerted pressure on the MDMK to leave the Bharatiya Janata Party-led National Democratic Alliance (NDA), Mr. Vaiko said there was no such pressure. He refused to comment on the stance of the Pattali Makkal Katchi, which decided to remain in the NDA. Asked if he would appeal to the PMK to join hands with the DMK and the MDMK, he said it was for Mr. Karunanidhi to decide on this.

In the court today, the Special Public Prosecutor (SPP), S. Jayakumar, re-examined K. Mayandi, a prosecution witness who was cross-examined till Monday. The defence lawyers, K.S. Dinakar and G. Devadoss, took exception to the SPP's attempts to correct a discrepancy in the witness statement.

Mr. Mayandi told the court on December 17 that he had witnessed at Tirumangalam the December 15 picketing organised by the DMK against the State and Central Governments. That day, Mr. Mayandi was deposing before the court at Poonamallee. The SPP told the court that Mr. Mayandi did not understand the question and that was the reason for his contradictory answer. Mr. Dinakar contended that the re-examination could cover only new evidence or any ambiguity.

The judge, L.Rajendran, disallowed the question, recorded the SPP's protest and permitted him to continue re-examination on new evidence.

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