The Hindu : Vaiko's speech an act of terrorism: Centre

Online edition of India's National Newspaper
Sunday, Mar 30, 2003

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Vaiko's speech an act of terrorism: Centre

By J. Venkatesan

NEW DELHI MARCH 29. The Central Government has submitted in the Supreme Court that the MDMK leader, Vaiko's speech made at a public meeting, near Madurai, in June last constituted an act of terrorism under the Prevention of Terrorism Act (POTA).

In its counter-affidavit to Mr. Vaiko's petition challenging the constitutional validity of POTA, the Centre said, "the petitioner has been drawing support for LTTE, a banned terrorist organisation" which was responsible for the assassination of the former Prime Minister, Rajiv Gandhi. And "the words flowing from the petitioner constitute an act of terrorism" under POTA.

Mr. Vaiko, whose party is an ally of the ruling NDA Government at the Centre, was arrested on July 11 last. The hopes of his supporters, who have all along been expecting that the Centre would come to his rescue at least in his legal battle, have been dashed. By justifying Section 21 of POTA in the Supreme Court and by describing Mr. Vaiko's speech as an act of terrorism, the Centre has belied even this hope, leave alone take any steps to get him released.

A batch of writ petitions questioning the validity of POTA, including the one filed by Mr. Vaiko, is expected to come up for final hearing next week. Though listed for hearing this week, these could not be taken up as they were at the bottom of the list.

In his petition Mr. Vaiko had contended that the scope of Section 21 of POTA was very wide affecting the right to freedom of speech and expression guaranteed under Article 19 of the Constitution.

Refuting this, the Centre's affidavit said that "what is prohibited is support or assistance for a terrorist organisation which amounts to a reasonable restriction on the person's right to freedom of speech or expression which is permissible under the Constitution itself".

It pointed out that under Section 21 (3) of POTA "a person commits an offence if he addresses, submitting for the purpose of encouraging support for terrorist organisation or to further its activities".

Referring to Mr. Vaiko's speech at the public meeting, the Centre said that "wrong support for a banned organisation also amounts to an act of terrorism".

POTA had been enacted with the intention of providing a special machinery to combat the growing menace of terrorism in different parts of the country. If such activities (of support) of a terrorist organisation were allowed unchecked, it would dilute the fight against the menace of terrorism.

On Mr. Vaiko's contention that his fundamental right was infringed, the affidavit said that "it is the larger interest of society which have to be protected and not the rights of a few individuals".

Mr. Vaiko's contentions were misconceived and devoid of any merit or substance and "deserved to be rejected", the Centre said and sought their dismissal.

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