Southern States - Tamil Nadu   

Govt. not perturbed at NDA concern

By V.Jayanth

CHENNAI July 15. The Tamil Nadu Government is not unduly worried about the reaction of the National Democratic Alliance, which met in New Delhi on Sunday and expressed its concern over the arrest of the MDMK leader, Vaiko, under the Prevention of Terrorism Act.

Asked about the move to introduce more `safeguards', police and legal sources said ``The State Government has acted under the provisions of the existing Act and is determined to prosecute the case in accordance with the law. We presume there can be no retrospective effect to any amendment the Centre or the NDA may be planning''.

Ruling AIADMK sources, quoting the Chief Minister, Jayalalithaa, pointed out that they were making a ``clear distinction'' between the response of the Union Government and of the NDA. They argue that the Centre or the Deputy Prime Minister and Home Minister, L.K. Advani, has not been critical, and it is only ``natural'' for MDMK allies in the NDA to make ``some political noise'' in support of Mr.Vaiko.

The sources also sought to explain that the Home Minister had made it clear that the State was the ``implementing'' agency for the POTA and the Centre had no role to play, after passing the legislation.

On Ms. Jayalalithaa's statement seeking a ban on the MDMK, the sources noted that she had only indicated that the Government would take steps in that direction. The Union Law Minister, Jana Krishnamurthy, and Mr. Advani had also outlined the procedure. It was for the State Government to make the recommendation and provide the justification, based on which the Home Ministry would take a decision after making its own assessment.

In this context, they pointed that the State first banned the Tamil National Liberation Army and the Tamil Nadu Retrieval Troops, and sought a nationwide ban by the Centre. That request was acceded to and the Home Ministry issued the ban order.

On further course of action, the authorities said the Government would have to first notify the setting up of special courts to try POTA cases. This was being done now. After that, special public prosecutors would have to be appointed and then a charge sheet filed against Mr. Vaiko and eight other party functionaries.

``The real test would be to get a conviction under the provisions of the POTA, because that will be the ultimate proof of the evidence that the police can produce before court'', according to a leading criminal lawyer.

The Government is not unduly worried about the ``political fallout'' of the arrest of Mr. Vaiko under the POTA and appears convinced that it has sent a ``strong signal'' to pro-LTTE elements in the State. Police sources believe that other groups and LTTE supporters will remain ``on the right side of the law''.

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