The Hindu : Front Page : No POTA case against Nedumaran: review panel

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Tuesday, May 03, 2005

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No POTA case against Nedumaran: review panel

J. Venkatesan

Speeches `political, not expression of support for terrorism'

NEW DELHI: In a setback to the Tamil Nadu Government, the Central Review Committee of the Prevention of Terrorism Act (POTA) has held that "there is no prima facie case" for proceeding against the Tamil National Movement (TNM) leader, P. Nedumaran, and five others under the legislation.

The Committee comprising chairperson, Justice Usha Mehra, and members, K. Roy and R.C. Jha, held that "expressing sympathy and asking others to understand and appreciate or even share misery suffered by Eelam Tamils in Sri Lanka and to espouse the cause of Tamilians would not bring their said speeches within the ambit of encouraging or furthering terrorism or the terrorist activities of the LTTE."

While Mr. Nedumaran, Subha Veerapandian, Paavanan and Thayappan were arrested for their pro-LTTE speeches in a public meeting held in Chennai on April 13, 2002, Mr. Shahul Hameed was arrested for organising the meeting. They were charged with instigating the gathering, by their speeches, to act against the Government and supporting the banned terrorist organisation. Paranthaman was arrested subsequently for his alleged interview to a television channel criticising the Jayalalithaa Government for its stand against the LTTE. The Madras High Court released all of them on bail. The Committee said that a perusal of the text of speech delivered by Mr. Nedumaran would show that he was delivering a political speech criticising the action of the Tamil Nadu Government rather than encouraging or provoking or facilitating the commission of terrorist activity. "His speech indicates that he was extending sympathies towards the Tamils whom he called brothers and sisters settled in Sri Lanka. He wanted to convey the moral support of his organisation to such Tamils who are settled abroad," the Committee said.

"It appears he wanted to secure political mileage over his opponents and in particular wanted to give discomfort to the ruling party by pointing out the inept handling of Tamils affairs in Sri Lanka," the order said.

The Committee directed the Tamil Nadu Government to file an application before the Chennai POTA special court to withdraw the cases against Mr. Nedumaran and five others .

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