The Madras High Court issued notice to the Union Home Ministry on a petition filed by a member of the Periyar Dravidar Kazhagam seeking to strike down section 39 (1) (b) (1) of the Unlawful Activities (Prevention ) Amendment Act 1967 as it “infringes on his fundamental rights as guaranteed under Article 19 of the Constitution of India.”
Justice V. Dhanapalan issued notice to the Union Home Ministry and Inspector of Police, Singanallur Police Station, on a petition filed by P. Subramaniam, a native of Karanampettai in Tirupur district.
Mr. Subramaniam was arrested on March 2 for selling calendars with the pictures of Prabakaran, leader of the LTTE. A case was registered against him for alleged offences under 39 of the Unlawful Activities (Prevention) Amendment Act. He was remanded and later released on bail.
He said the allegations in the First Information Report (FIR) were untenable, arguing that possession of a picture or a photograph of a leader of a banned organisation would not amount to extending support to the terrorist Act.
“To attract the provisions of section 39 of the Act, there should be a specific allegation that I intended to support the banned organisation by supplying material to be used in terrorist act,” he said.
