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POTA Court rejects Delhi Govt. plea

Siddharth Narrain

Orders release of Manipuri student who was arrested under provisions of the Act

NEW DELHI: The POTA (Prevention of Terrorism Act) Court at Patiala House here has rejected the Government's plea against the POTA Review Committee's decision to release Ibotombi Sapan, a Manipuri student arrested under the Act by the Delhi police on March 15.

Sapan's lawyer, N.D. Pancholi, argued that since the POTA Review Committee had ruled that there was no prima facie case against Sapan, the proceedings under the Act against him would have to be deemed to be withdrawn. Responding to the Government's plea that it plans to challenge the Review Committee's decision in the High Court, Justice A.K. Garg, Special Judge of the POTA Court at Patiala House, ordered release of Sapan and asked the Delhi Government why it was opposing the release when it had not done anything to challenge the POTA Review Committee's decision until now.

On May 11, the POTA Review Committee chaired by Justice Usha Mehra had held that there was no prima facie case against Sapan to prove that he was harbouring a terrorist, the offence he was charged with under section 3(4) of POTA. Sapan, a graduate of Journalism and Mass Communication from the Indira Gandhi National Open University (IGNOU), was the president of the Manipur Students Association form 1997 to 1999.

According to the Special Cell of the Delhi police, Sapan arranged for medical assistance for members of the Manipuri terrorist organisation, the People's Liberation Army (PLA) that is banned under POTA, and its political wing, the Revolutionary People's Front (RPF). The police arrested him along with K. Brojen Singh, who they claim is a PLA member. Both the accused were charge sheeted after obtaining sanction to prosecute them for offences under POTA from the Delhi Government.

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