Southern States - Tamil Nadu   

Vaiko case: police examining materials

By K.T. Sangameswaran

CHENNAI Aug. 9. A day after searches at the residences of the MDMK general secretary, Vaiko, and other party leaders, the police seem to be collating documents and materials seized to put the prosecution case under the Prevention of Terrorism Act on a sound footing.

Several teams were engaged in the search and police officials are grappling with the new legislation and its stringent provisions.

While the police generally claim that they have seized ``incriminating material'', the party described the exercise `futile'. Without going into the merits of the case, a senior police officer told The Hindu that the police searches were `delayed'. Usually, the searches are carried out soon after the case is registered after obtaining a search warrant. Though the police claim they have seized incriminating literature, photographs, video and audio cassettes, it depends on how they use the materials to establish the arrested persons' links with the banned Liberation Tigers of Tamil Eelam.

Apart from the IPC, the police have registered a case under the Unlawful Activities (Prevention) Act, 1967 and under Section 21 (2) (3) of the POTA dealing with an offence relating to support given to a terrorist organisation. The police explain that Mr. Vaiko has attracted the POTA provisions by his controversial speech at Tirumangalam in Madurai district. But that alone is not sufficient. When a comprehensive investigation is on, the police have to conduct a thorough probe and establish the links or other support now, with the seized material.

As per the modified application under the POTA, under section 167 of Cr.P.C. if it is not possible to complete investigation within 90 days, the Special Court can extend the period up to 180 days on the Public Prosecutor's report on the progress of investigation and the specific reason for detaining the accused beyond 90 days.

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