The Hindu : Front Page : 'POTA court can decide on government plea'

Online edition of India's National Newspaper
Saturday, Aug 14, 2004

Front Page

Front Page

'POTA court can decide on government plea'

By J. Venkatesan

NEW DELHI, AUG. 13. The Supreme Court today cleared the decks for the POTA special court at Poonamallee near Chennai to take a decision on the Tamil Nadu Government's application seeking withdrawal of cases against the Marumalarchi Dravida Munnetra Kazhagam general secretary, Vaiko, and eight other partymen under the Prevention of Terrorism Act.

A Bench consisting of Justice S.N. Variava and Justice A.K. Mathur made it clear that the May 7 interim order of the apex court, staying the trial, would not preclude the special court from taking a decision on the application. Mr. Vaiko and the others were charged under the POTA for speeches they made at a public meeting at Tirumangalam near Madurai on June 29, 2002. They were released on bail after they remained in prison for over 19 months.

Clarification sought

This morning, P.P. Rao, senior counsel for Tamil Nadu, submitted that the public prosecutor had filed an application before the special court seeking withdrawal of the cases. However, in view of the stay granted by the apex court, the special court was unable to proceed further on the application, he said and sought a clarification. He also wanted the matter disposed of.

But Fali Nariman, senior counsel for Mr. Vaiko and others, said the matter must be kept pending until the special court took a decision on the application. The Bench accepted this plea and adjourned the hearing by four weeks.

On May 7, the apex court stayed the trial while hearing a special leave petition (SLP) from Mr. Vaiko and others. They challenged a common order passed by the Madras High Court declining to stay the trial. On July 16, the stay was extended until further orders.

After the POTA Review Committee held that there was no prima facie case for proceeding against them, Mr. Vaiko and the others moved the High Court for a direction to the Government to implement the order. The Government challenged the committee's order. The High Court through a common judgment, while upholding the committee's decision, declined to stay the trial.

In his SLP, Mr. Vaiko and the others said the committee's main task was to oversee that the POTA provisions were not misused and it was a safeguard provided to find out whether there was any prima facie case to proceed against the accused under the Act. But the High Court did not consider this aspect, they said.

Printer friendly page
Send this article to Friends by E-Mail

Front Page