The Hindu : Discrepancy in recording of statement: POTA case witness

Online edition of India's National Newspaper
Thursday, Jan 01, 2004

Southern States

Southern States - Tamil Nadu

Discrepancy in recording of statement: POTA case witness

By Our Special Correspondent

CHENNAI DEC. 31. Muthuswamy, a witness in the Prevention of Terrorism Act (POTA) case against the Marumalarchi Dravida Munnetra Kazhagam (MDMK) general secretary, Vaiko, and eight others, today told a special court here that there were portions in his statement, recorded under Section 161 of the Criminal Procedure Code (Cr.PC), which he had not made before the investigating officer.

A Deputy Superintendent of Police at Tirumangalam (Madurai) on July 15 last year recorded the statement in which Mr. Muthusamy deposed against Mr. Vaiko and the others.

Mr. Muthusamy, a farmer from Sowdarpettai near Tirumangalam and second independent prosecution witness, told the Special Court for POTA cases, Poonamallee, that only four of the nine accused - Mr.Vaiko, Erode Ganeshamurthy, Madurai Ganesan and Alagusundaram - spoke in contravention of the POTA provisions at a public meeting held at Tirumangalam. The others did not. (According to his statement, all the nine accused spoke glorifying the Liberation Tigers of Tamil Eelam, thereby attracting the provisions of the POTA). He said he had read his deposition under Section 161 of the Cr.P.C. but did not tell the Deputy Superintendent of Police about the discrepancy he had noticed.

K. Jayakumar, Special Public Prosecutor, requested the court's permission to do away with summoning the third independent witness. The court agreed to the request. So far, five witnesses have been cross-examined by the defence. There are a total of 115 prosecution witnesses, one of whom has now been dispensed with.

The judge, L. Rajendran, posted the case for January 5.

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