The Hindu : Vaiko remand extended, framing of charges deferred

Online edition of India's National Newspaper
Friday, Apr 25, 2003

Southern States

Southern States - Tamil Nadu

Vaiko remand extended, framing of charges deferred

By K. Subramanian

KANCHEEPURAM APRIL 24. Framing of charges against the MDMK general secretary, Vaiko, and eight others arrested under the Prevention of Terrorism Act, were deferred by L.Rajendran, judge, special court at Poonamalle near Chennai today and the case posted for May 16.

The senior defence counsel, K.S.Dinakaran, submitted that the Supreme Court was still seized of the petition filed by Mr.Vaiko, challenging the validity of Section 21 of the Act and that the apex court was yet to decide on Mr. Vaiko's petition. Hence, arguments could not be taken up on the discharge petitions filed by all accused (except Mr.Vaiko) on March 17.

The judge agreed with the submission and extended the remand of Mr.Vaiko and eight others.

`Soli Sorabjee is deviating'

Talking to mediapersons on the court campus, Mr.Vaiko said arguments by the Attorney-General, Soli Sorabjee, in the Supreme Court yesterday were based on a modified affidavit filed by the Centre. Mr.Vaiko said, "Mr. Sorabjee argues that Section 21 is constitutional and any misuse of the provisions should be struck down. He is deviating from my original case and is talking of how authority is being misused. My writ petition in the apex court challenges Section 21. In the last 55 years, the country has seen a lot of enactments, such as the MISA and TADA, under which freedom of expression has been curbed and there was no remedy from court. At least in this case, I hoped the freedom of expression and speech is upheld."

"There has been judicial activism in the recent past. When I am challenging the constitutional validity of Section 21 it should be referred to the Constitutional Bench in the apex court," he added.

When asked about the Congress and CPI backing out of the DMK-sponsored all-party held today in the backdrop of the State Government slapping more cases under the POTA, Mr.Vaiko said, "It was a surprise" to him.

When a police officer (Mr.Elangovan, Additional Superintendent of Police, Chengalpattu East), asked Mr.Vaiko to come out of the court hall immediately, when he was talking to mediapersons, the MDMK leader shot back, "I will not come". Partymen, who were agitated over the police officer's action, were pacified by Mr.Vaiko.

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