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Nedumaran moves HC

By Our Staff Reporter

CHENNAI NOV. 16. The Tamilar Desiya Iyakkam leader, P. Nedumaran, in jail since August 1 for alleged Prevention of Terrorism Act offences, has moved the Madras High Court for bail.

(The petition challenges the dismissal by the special judge for POTA of his plea. It is expected to come up before a Division Bench Justice N. Dhinakar and Justice F.M. Ibrahim Kalifulla on Monday).

Mr. Nedumaran contended that the special judge for POTA had erred in rejecting his plea, for under the provisions of the Act if the court was satisfied that there were grounds for believing that the accused was not guilty of committing an offence, there would be no impediment to the grant of bail — no matter if the detention period was one year or not. His interpretation that no application for bail could be moved until after the expiry of one year from the date of detention would render the very provision violative of Article 21 of the Constitution, he said.

Pointing out that the speeches on April 13, 2002, meeting based on which Mr. Nedumaran was arrested, were only discussions on a press conference held by the LTTE leader, V. Prabakaran, the Iyakkam leader said it would not constitute an offence under the POTA. Being the leader of a political party he would neither abscond nor tamper with the witnesses.

The party general secretary, Subha Veerapandian, who has been in jail since August 16 facing similar charges, has filed a bail application.

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