Date:12/06/2004 URL: http://www.thehindu.com/2004/06/12/stories/2004061212870400.htm

Tamil Nadu

POTA will be scrapped before expiry: Venkatapathy

By Our Special Correspondent

CUDDALORE, JUNE 11. The Union Minister of State for Law, K. Venkatapathy, today said the validity of the Prevention of Terrorism Act (POTA) was only for three years and it would expire by October. But, he insisted that the POTA would be ``scrapped'' even before it expired.

The government was already armed with other Acts to effectively deal with terrorists and infiltrators. Emphasising that ``man's liberty was precious,'' Mr. Venkatapathy said, in reply to a question on alternative legislation being worked out by some States, that they could pass the law within their powers. It had become ``obvious'' that certain States, particularly Tamil Nadu, were ``misusing'' the POTA, he said.

Addressing a press conference here, Mr. Venkatapathy said when the POTA was passed the then Union Home Minister, L.K.Advani, said that it would be used only against ``anti-nationals, infiltrators and terrorists.'' However, the Tamil Nadu Government put the Marumalarchi Dravida Munnetra Kazhagam leader, Vaiko, behind bars for 575 days, invoking the Act. Even after the Saharya panel said no prima facie case was made out against Mr. Vaiko, the case was not withdrawn, and for going abroad Mr. Vaiko had to get court clearance.

Asked whether a national law commission would be set up, Mr. Venkatapathy said a decision was yet to be taken. As for reforms, he said when the idea was mooted lawyers got agitated. Since, this move was fraught with practical difficulties, the proposed reforms ought to be scrutinised.

As for long pendancy of cases, he said that, besides regular courts, the Fast Track Courts and Lok Adalats were taking care of them. He attributed the delay in disposal of cases to procedures: i.e., in a single case any number of interlocutory applications could be filed.

For instance, in the TANSI case as many as 116 interlocutory applications were filed, he said and added that he was citing this only as an example and was not referring to any individual case.

Mr. Venkatapathy said the Madras High Court Bench would soon be started in Madurai after consent was obtained from the President, A.P.J. Abdul Kalam. The proposal to attach 17 districts to the Bench would not overburden the five or six judges to be posted here. However, he noted, a question arose whether the districts of Nagapattinam, Tiruvarur, Thanjavur, Ariyalur and Perambalur should be attached to the Bench or be left with the Madras High Court. The Bar Associations of these districts had expressed a willingness to continue with the High Court for proximity reasons.