Tamil Nadu - Others   

Apex court stays order on POTA notification

Legal Correspondent

NEW DELHI: The Supreme Court on Monday stayed that portion of the Madras High Court judgment quashing a notification issued by the Tamil Nadu Government declaring the entire State a `notified area' under the Prevention of Terrorism Act, whereby possession of unlicensed arms was made a punishable offence.

The High Court quashed the notification issued in December 2002 while allowing a petition filed by R.R. Gopal, editor of Tamil biweekly, Nakkheeran challenging the notification. He was arrested in April 2003 for alleged possession of unlicensed country gun and ammunition.

A Bench of Justice B.N. Agrawal and Justice A.K. Mathur, while staying the High Court judgment to the extent that it quashed the notification, made it clear that it would not go into other aspects of the judgment, viz. quashing POTA charges against Mr. Gopal.

The Bench told senior counsel P.P. Rao, appearing for the State, that under the notification only one case (against Mr. Gopal) had been registered. While so, the Bench said, "in what way the notification will help the State."

However, the Bench stayed the impugned judgment to the extent that it quashed the notification and said it would examine the legal issues involved in the petition.

In its SLP, the State submitted that the notification was issued after taking into consideration all the relevant factors. But the High Court had faulted the Government for having mechanically issued the notification.

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