Tamil Nadu   

Vaiko case: prosecution may clarify stand

By K.T. Sangameswaran

CHENNAI, APRIL 10. The next hearing in the case under the Prevention of Terrorism Act (POTA) against the Marumalarchi Dravida Munnetra Kazhagam general secretary, Vaiko, and eight other partymen comes up on April 15. That day the prosecution and defence are expected to make clear their stand, in the wake of the Central POTA review committee's finding that there is no prima facie case against the accused. The defence counsel are jubilant over the order of the committee, which directed the Chief Secretary to instruct the Public Prosecutor to seek appropriate orders from the trial court. Prosecution sources say that as per a Madras High Court ruling in February, even if the prosecutor seeks withdrawal of the case, it is for the special court to accept the plea or not. The High Court also said if the committee's opinion went in favour of the accused, appropriate directions could be issued to the Government. A direction to withdraw prosecution would be binding on the government but not on the public prosecutor, as he had to formulate an opinion applying his mind. Even if an application (to withdraw the case) was filed, the ultimate arbiter was the trial court, which had to consider the matter, but by giving due consideration to the review committee's opinion.

While dismissing petitions challenging the POTA and upholding the legislation, the Supreme Court said that since a case had been lodged and was pending before a special court, it would not be appropriate for the apex court to express its views on the facts of the matter. The apex court said the trial court should decide the case in the light of its decision.

The prosecution sources say it is settled law that proving the criminal intention of an accused in encouraging terrorist or extremist activities depends purely on material evidence and witness deposition. So Mr.Vaiko's case cannot not be dismissed now on the ground that there was no prima facie case.

However, a defence lawyer says the apex court already ruled that a mere expression of sympathy or verbal support to a banned outfit would not fall within the scope of Section 21 of the POTA, under which Mr.Vaiko was arrested. "That itself is a victory for us." The review committee was set up under the special legislation and its findings will be binding, he says.

Legal circles say it is also possible that an adjournment will be sought at the next hearing in view of the short period available for making submissions.

Apart from the legal battle in the special court, the outcome of this case has wider ramifications, lawyers agree. Any clear decision or ruling in this case may also have an impact on the May 10 elections, it is felt.

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