The Hindu : Tamil Nadu News : No prima facie case against Vaiko: Saharya panel

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Friday, Apr 09, 2004

Tamil Nadu

Tamil Nadu

No prima facie case against Vaiko: Saharya panel

By J. Venkatesan

NEW DELHI, APRIL 8. Opposition parties in Tamil Nadu which were accusing the Jayalalithaa Government of misusing the Prevention of Terrorism Act got a shot in the arm today when the Central POTA Review Committee held that "there is no prima facie case for proceeding against the MDMK (Marumalarchi Dravida Munnetra Kazhagam) general secretary, Vaiko, and eight others under the POTA for their Tirumangalam speech made in June 2002."

The committee, comprising Justice Arun B. Saharya and the members, M. Rahman and Arvind S. Inamdar, directed the Chief Secretary to take suitable steps forthwith, including giving instructions to the public prosecutor of the special POTA court at Poonamallee, near Chennai, to seek appropriate orders from the court in accordance with the law.

First major order

This is the first major order passed by the committee, set up in April 2003 following concerns expressed by members of Parliament that the POTA was being misused and abused in several States. In October last the committee was empowered with more powers and its decision was made binding on the Centre, States and investigating officers. The Supreme Court upheld the powers of the committee, while dismissing petitions filed by the Tamil Nadu government challenging its jurisdiction.

Today's order said, "in the materials before the review committee, there is nothing to suggest that Mr. Vaiko has at any time been involved in any act of violence, much less acts of terrorism. In these circumstances, sympathy or oral support for the cause of Eelam Tamils does not mean support for the ideology or methodology adopted by the LTTE (a banned organisation under the POTA)".

The committee noted that the Supreme Court, while upholding the validity of the POTA, clarified that for purposes of constituting an offence under Section 21 (3) of the POTA (extending support to a banned organisation), a positive inference was required that a person acted with the intent of furthering or encouraging terrorist activity or facilitating its commission.

Message to electorate

On a careful scrutiny of the speech made by Mr. Vaiko at Tirumangalam, near Madurai, on June 29, 2002, "it comes out as an effort to put across to his electorate the message that his party, MDMK, was the only political party which was sincerely and seriously pursuing a course/policy of safeguarding the interests of Tamils not only in Tamil Nadu but all over the world irrespective of their caste, religion or party."

Analysing the address in its entirety, the committee said, "it is a speech of a political leader sharing with his constituency the work that had been undertaken by his political party for causes and concerns of all Tamils and the philosophy that it would consistently and steadfastly follow in future for their common good''.

Mr. Vaiko had only expressed oral sympathy for the Liberation Tigers of Tamil Eelam and it could not be ignored that he did declare in no uncertain terms that he was not supportive of the acts of violence committed by the LTTE on Indian soil.

"Expressing sympathy and asking others to understand and appreciate, or even share, the miseries suffered by Eelam Tamils would not bring the address within the ambit of encouraging or furthering terrorism or terrorist activities of the LTTE", the order said.

In respect of the eight other MDMK men also, there was nothing to show that they had supported the LTTE.

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