annual report print final.qxd - Asian Centre for Human Rights

INDIA HUMAN RIGHTS REPORT 2005 Tamil Nadu
repeated requests. 19
V. Misuse of POTA
Tamil Nadu was one of the 10 states
that extensively abused POTA with
registration of 41 cases under the Act. 20
The POTA was mainly invoked against
political opponents. 21 Even juveniles were
arrested under POTA. 22 Opposing the
repeal of POTA, Chief Minister Jayalalitha
on 22 September 2004 reportedly said that
the repeal of POTA was “ill-considered”
and it had left behind a vacuum in the
country’s defence against terrorism. 23
On 13 December 2004, the threemember
Central Review Committee on
Prevention of Terrorism Act headed by
Justice Usha Mehra reportedly held its
first sitting in Chennai and heard the
submissions of counsel for 13 of the 24
POTA detenues picked up at Uthangarai in
Dharmapuri district in November 2002. 24
However, the Tamil Nadu Government
challenged two key provisions of the
Prevention of Terrorism (Repeal)
Ordinance 2004, promulgated in
September 2004, and sought to quash all
proceedings of the Central committee
which was reviewing all POTA cases. 25
Though the summons served to various
detenues and their relatives by the Review
Committee clearly stated that it was to be a
“public hearing,” relatives of the detenues
could not gain entry into the premises. Even
presspersons were not allowed to go inside.
Among others, advocates B. Kumar,
Sankarasubbu, A. Rahul and N.R. Elango
made their submissions. Even advocates
226
who had come there to represent the
detenues were “terrorised by police,” who
insisted on either copies of the summons or
case details. 26
On 1 August 2003, police arrested
Tamil Nationalist Movement leader P
Nedumaran under POTA for allegedly
speaking in favour of the outlawed outfit
LTTE at a public meeting at Vanampatti
village in Dindigul district in June 1992.
An FIR was reportedly lodged against him
on 20 December 1992, more than six
months after his alleged speech. The
Madras High Court initially dismissed
Nedumaran’s petition challenging his
arrest under POTA27 , and later ordered his
release on 18 December 200328 along with
other three POTA detenues— Pavanan,
Suba Veerapandiyan and Thayappan
following the Supreme Court’s
observation in Vaiko’s case that merely
extending moral support to any militant
organisation could not be construed as an
offense under POTA. 29 The Tamil Nadu
government unsuccessfully moved the
Supreme Court challenging the order of
the Madras High Court but the Supreme
Court, criticizing the state government
“for taking things too far”, quashed the
petition. 30
On 11 July 2002, MDMK leader,
Vaiko was arrested for allegedly making a
pro-LTTE speech at a public meeting at
Thirumangalam in Madurai district. In its
first affidavit in the Supreme Court on 28
March 2003, the Central Government
maintained that Vaiko’s speech “was an act
of terrorism” under section 21 (3) of