The Hindu : TN Govt. challenges bail for Vaiko

Online edition of India's National Newspaper
Sunday, Feb 08, 2004

Tamil Nadu

Tamil Nadu

TN Govt. challenges bail for Vaiko

By A. Subramani

CHENNAI, FEB. 7. The Tamil Nadu Government today preferred a criminal appeal in the Madras High Court challenging the grant of bail to the Marumalarchi Dravida Munnetra Kazhagam leader, Vaiko, by a special court on February 3.

The appeal, filed by the Deputy Superintendent of Police (Q Branch CID), contended that the special judge under the Prevention of Terrorism Act failed to take note of the "gravity and seriousness of the nature of the offence" for which Mr. Vaiko was being tried.

"The trial court has not taken into account the antecedent conduct of Mr. Vaiko in having gone to Sri Lanka clandestinely. Hence the possibility of his fleeing from justice cannot be ruled out."

Also the judge failed to note that the Liberation Tigers of Tamil Eelam (LTTE) was engaged in terrorist activities and that Mr. Vaiko had admittedly been an ardent supporter of the outfit and had proclaimed that he would continue to remain so in future as well. Pointing out that Mr. Vaiko, as member of Parliament, had participated in deliberations on both the ordinance and the enactment of the POTA, the appellant said supporting an organisation indulging in terrorist activities would be against the oath of office taken by the accused.

The trial court erred in releasing Mr. Vaiko on bail "without taking note of the fact that he had specifically declined to abide by any conditions, if imposed on him in the event of his being enlarged on bail. The accused made this position clear in reply to specific questions put by the special court."

Claiming that Mr. Vaiko had "unequivocally declared that he would continue to support the LTTE," the appellant said, "such defiant attitude so explicitly expressed in open court disentitled him to any relief of bail."

As interim relief, the appellant sought a stay on the operation of the order of bail.

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