Southern States - Tamil Nadu   

HC admits Nedumaran plea against bail denial

By Our Staff Reporter

CHENNAI APRIL 30 . The Madras High Court today ordered notice to the Q-Branch CID on four appeals filed by as many POTA (Prevention of Terrorism Act) detenus, including the Tamilar Desiya Iyakkam leader, P. Nedumaran, against dismissal of their bail applications filed in the Poonamallee special court.

Admitting their appeals, a Division Bench comprising Justice N. Dhinakar and Justice S. Ashok Kumar, posted the matter for hearing after summer vacation. The other appellants are Subha Veerapandian, Pavannan and Thayappan.

Citing a March 3 High Court ruling stating that the special court was `not powerless to grant bail in POTA cases, even when the application was made within one year of detention', Mr. Nedumaran said the special judge had dismissed the petitions though `the prosecution had failed to show that the provisions of the POTA were applicable to the facts of the case'.

The special judge had erred in holding that prosecution materials would be distorted with the release of the appellants and failed to see that since a speech, which was the material, was in the "custody" of the prosecution there would be no possibility of tampering with evidence or witnesses, the appeal noted.

The allegations against the appellants would not constitute any offence under the POTA as support, referred to in Section 21, would necessarily have to relate to activities which constituted terrorist acts and threatened the unity, integrity, security and sovereignty of India, Mr. Nedumaran submitted.

A meeting, where the `impugned speech was delivered' on April 13, 2002, merely discussed certain developments in Sri Lanka. Pointing out that V. Prabakaran, chief of the Liberation Tigers of Tamil Eelam, had convened a press conference, which the print and electronic media covered, Mr. Nedumaran said a mere discussion on the press meet could not have constituted an offence under the POTA.

The special judge also failed to see that in view of the punishments prescribed under the Unlawful Activities (Prevention) Act 1967, it was not open to the State to include offences under the POTA, the appellants contended.

Printer friendly page  
Send this article to Friends by E-Mail

Southern States

News: Front Page | National | Southern States | Other States | International | Opinion | Business | Sport | Miscellaneous |
Advts: Classifieds | Employment | Obituary |

Stories in this Section

• Now, for an editorial
• No compensation, No VAT: CM
• AISBOA not to support strike
• Priority for working class will continue: CM
• Govt. invites medicos for talks on May 3
• Record Rs. 10,200-crore collection from CT
• Bail conditions relaxed for Stalin
• Anti-sea erosion projects for 4 districts
• CM insistence on Central commitment a surprise
• Raids on Nakkheeran office, Gopal houses
• HC admits Nedumaran plea against bail denial
• Eat papaya & `tulsi' to ward off SARS, says Jayalalithaa

Copyright © 2003, The Hindu. Republication or redissemination of the contents of this screen are expressly prohibited without the written consent of The Hindu