The Hindu : MDMK to move SC against Vaiko's arrest

Online edition of India's National Newspaper
Wednesday, Nov 13, 2002

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National

MDMK to move SC against Vaiko's arrest

By J. Venkatesan

NEW DELHI Nov. 12. The Marumalarchi Dravida Munnetra Kazhagam has finally decided to move the Supreme Court in the next couple of days challenging Section 21 of the Prevention of Terrorism Act, under which its leader, Vaiko, was arrested on July 11.

Disclosing this to The Hindu here today, the MDMK Minister of State for Finance, Gingee Ramachandran, said his party, which had supported the POTA, would not challenge the law in its entirety, but would challenge only Section 21 which had been "misused'' and was liable to be misused for political purposes.

The party was consulting legal experts for filing a petition in the Supreme Court, which had already admitted a batch of petitions from the PUCL and others. The petition would seek a declaration that Section 21 of POTA was unconstitutional.

The Tamil Nadu Government arrested Mr. Vaiko on the basis of an FIR registered against him and eight others under Section 21 (2) and 21 (3) of POTA, Section 13 (1) (a) of the Unlawful Activities (Prevention) Act, besides Sections 109 and 120-B of the Indian Penal Code. His remand has been extended from time to time and so far, he has not filed any petition seeking bail.

The FIR says that Mr. Vaiko had, at a public meeting in Thirumangalam near Madurai on June 29, extended open support to the LTTE, a banned organisation, attracting Section 21 (3) of the POTA.

Under Section 21 (3), it is an offence if a person addresses a meeting for the purpose of encouraging support for a terrorist organisation or to further its activities and 21 (4) provides for imprisonment of up to 10 years or fine or both.

Section 21 (1) says: A person commits an offence if he invites support for a terrorist organisation; under 21 (2) it is an offence if he arranges, manages or assists in arranging or managing a meeting which he knows is to support a terrorist organisation; to further the activities of a terrorist organisation or to be addressed by a person who belongs or professes to belong to a terrorist organisation.

Mr. Ramachandran said that the MDMK would request the court to hear the petition along with the other petitions. However, his party would not raise the issue of POTA or the arrest of Mr. Vaiko in the winter session of Parliament commencing on November 18.

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