The Hindu : POTA panel to consider plea for lifting ban on LTTE

Online edition of India's National Newspaper
Tuesday, Mar 23, 2004

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POTA panel to consider plea for lifting ban on LTTE

By Our Legal Correspondent

NEW DELHI, MARCH 22. The Central Review Committee under the Prevention of Terrorism Act is to consider a representation from the leader of the Tamil National Movement, P. Nedumaran, to lift the ban on the LTTE imposed by the Centre under the Act.

Justice A.B. Saharya, heading the three-member committee, indicated this today during the course of the hearing of petitions seeking a review of the cases against the MDMK general secretary, Vaiko and eight others, who were arrested under POTA and released on bail. Mr. Justice Saharya said the Centre had forwarded to the committee a representation from Mr. Nedumaran sent in November 2002 for its consideration.

Initially a representation was sent to the Centre on November 5, 2002 and it was rejected. Another petition was sent on November 12, 2002 and even as this was pending with the Union Government, the Committee received a complaint on what action had been taken on the petition sent to the Centre. Mr. Justice Saharya said that when this complaint was brought to the Centre's notice, it forwarded the representation to the committee in December last and this was awaiting the Committee's consideration. He declined to say what action he proposed to take on the representation.

Verdict reserved

The committee reserved its verdict on petitions seeking a review of the arrests of Mr. Vaiko and eight others at the conclusion of marathon arguments from counsel for Tamil Nadu and Mr. Vaiko and others.

Replying to the arguments of the Tamil Nadu senior counsel, C.S. Vaidyanathan, counsel for Mr. Vaiko, V. Ramasubramaniam, reiterated that the speech delivered by Mr. Vaiko at a public meeting near Madurai on June 29, 2002 would not attract Section 21 (3) of the Prevention of Terrorism Act.

He argued that in the light of the ruling given by the Supreme Court that mere verbal support to a banned terrorist organisation would not attract Section 21 (3) of POTA in the absence of mental intention to support any terrorist activities of the banned LTTE, Mr. Vaiko's speech as such would not attract POTA.

Counsel said that Mr. Vaiko was a supporter of Tamilians all over the world and he supported the LTTE as it was the only organisation espousing the cause of Tamilians suffering in Sri Lanka and fighting for a separate Eelam.

But Mr. Vaiko never supported any alleged terrorist activity of the LTTE either in Sri Lanka or in India.

In respect of the eight other accused, three were charged for speaking in support of the LTTE, while, in fact, they had only criticised the State Government and there was ``not a whisper of support'' to the banned organisation.

In respect of the remaining five, they were arrested for organising the meeting.

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