The Hindu : Madras High Court eases `onerous conditions' for Vaiko's bail

Online edition of India's National Newspaper
Thursday, Feb 05, 2004

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Madras High Court eases `onerous conditions' for Vaiko's bail

By A. Subramani and R.K.Radhakrishnan

The DMK president, M. Karunanidhi, with the MDMK general secretary, Vaiko, when he called on the latter at the POTA court in Poonamalle, near Chennai, on Wednesday. - Photo: K. Pichumani

CHENNAI, FEB. 4. Clearing the decks for the release of the Marumalarchi Dravida Munnetra Kazhagam general secretary, Vaiko, on bail, the Madras High Court today eased the "onerous conditions" laid down by a Special Court, and permitted him to travel beyond the Chennai city limits.

Admitting a lunch motion moved by senior counsel K. Chandru, a Division Bench, comprising Justice V.S. Sirpurkar and Justice F.M. Ibrahim Kalifulla, said, "the petitioner may leave the city limits of Chennai during pendency of the trial with prior intimation to the investigating officer."

On Tuesday, the Special Court under the Prevention of Terrorism Act at Poonamallee had laid down 13 conditions, including one which required Mr. Vaiko to remain within the limits of Chennai and Poonamallee.

He was to sign at the Special Court daily on all working days, and on holidays he was to sign at the court of the holiday magistrate in Chennai.

Mr. Vaiko's counsel restricted his objection to only three conditions — the signing at the courts daily, residing at Chennai and the possibility of being vicariously held responsible for the acts of his party cadres. He also took exception to the condition that Mr. Vaiko should file a sworn affidavit pledging his cooperation for the trial. If he wanted to leave the city limits, he was also required to obtain prior written permission from the Special Court.

Under the relaxed conditions, it is enough if Mr. Vaiko intimates the investigating officer about his schedule "which shall not be permitted to interfere with the day-to-day progress of the trial." Also, "it will not be necessary for the petitioner to report to the in-charge magistrate in Chennai on holidays."

Karunanidhi calls on Vaiko

Even as the lunch motion was being heard in the High Court, the Dravida Munnetra Kazhagam chief, M. Karunanidhi, arrived at the Poonamallee Special Court for POTA cases, to persuade Mr. Vaiko to seek bail. Mr. Karunanidhi had to wait for a while before Mr. Vaiko arrived from Vellore.

The meeting was an emotional affair with Mr. Vaiko breaking down at the sight of his former mentor. "I asked him why he had come all the way. He should have just sent a letter," Mr. Vaiko said and apologised for having made Mr. Karunanidhi wait. Mr. Karunanidhi consoled him and said that he wanted him out of jail at the earliest.

In the morning, Mr. Vaiko had suffered a blackout, which he attributed to lack of sleep the previous night. He was advised against going to the Court by the authorities, but Mr.Vaiko said that since he had not missed a single hearing, he preferred to come to the Court.

Mr. Karunanidhi said he felt compelled to come after knowing the bail conditions. He was sure that with the conditions, Mr. Vaiko would not seek bail.

The High Court decision came even as the two leaders were engrossed in a conversation.

Since the High Court directions did not reach the Special Court by the time it rose for the day, the question of incorporating these into the bail order did not arise.

Earlier, when the judge, L. Rajendran, wanted to know what the directions of the High Court were, the defence and prosecution gave different versions. An acrimonious exchange followed between the two sides and the judge said he would rather wait and see the order.

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