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

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INDIA HUMAN RIGHTS REPORT 2005 Tamil Nadu POTA. 31 However, on 31 March 2003, the Central government made a correction to its earlier stand, saying Vaiko’s speech delivered on 29 June 2002 “if properly interpreted and read in the entire context of the speech and the surrounding circumstances, does not attract Section 21 of the Prevention of Terrorism Act (POTA)”. 32 Then Attorney General, Soli Sorabjee also gave a clarification that mere expression of moral support per se does not tantamount to breach of Section 21 of POTA, so long as the individual concerned does not provide actual aid to the terrorist organisation. 33 On 16 December 2003, the Supreme Court endorsed the Attorney General’s interpretation of the section 21. On 7 February 2004, Vaiko was released from the Vellor central prison before the Lok Sabha elections. 35 On 7 May 2004, the Supreme Court stayed all further proceedings pending against Vaiko and his colleagues before the designated POTA Court. 36 Subsequently, on 10 August 2004, the Tamil Nadu government decided to withdraw POTA cases against them and filed a petition to this effect in the POTA court. 37 However, on 3 September 2004, the POTA court declined to drop cases against Vaiko and his colleagues holding that the Central Review Committee’s decision that there was no prima facie case against them was “arbitrary” and “premature”. 38 On 9 July 2002, eight DMK partymen- Madurai Ganesan, Alagu Sundaram, Ganesamurthy, Veera Ilavarasan, Bhoominathan, Pulavar Sivanthiappan, P S Maniam and Nagarajan- were arrested under POTA for allegedly making speeches in support of the banned LTTE at a public meeting at Tirumangalam in Madurai District on 29 June 2002. 39 On 24 November 2003, the police arrested 15-year-old, G. Prabhakaran along with 25 others apparently because they could not locate his father, Gurusamy, a suspected Naxalite. A case was filed against him in the Othankarai Police Station under various sections of the Indian Penal Code, Explosives Act and Arms Act, in addition to the POTA. He was presented before the Oothankarai Judicial Magistrate on 25 November 2003 and was remanded to judicial custody without checking if he was a minor. The boy’s date of birth as per the school transfer certificate was 11 May 1987. When Prabhakaran was produced before the Uthangkarai judicial magistrate, he was “mechanically remanded to judicial custody” and was lodged along with the Naxalite40 prisoners. However, the Krishnagiri principal sessions judge, S. Ashok Kumar, granted him bail, observing that the school certificate would prevail over the result of a radiological examination conducted to determine the boy’s age. In his 137-page order on March 18, Justice K Sampath concluded that the Prabhakaran should have been tried only under the Juvenile Justice (Care and Protection) Act, 2000. The court ruled that the Juvenile Justice Act would prevail over POTA. 41 227
INDIA HUMAN RIGHTS REPORT 2005 Tamil Nadu On 16 April 2003, the Tamil Nadu Government slapped POTA on “Nakkeeran” editor, R R Gopal, who was arrested on 11 April 2003 in connection with alleged payment of crores of rupees to forest brigand Veerappan as ransom for the release of abducted Kannada fmatinee 228 idol Rajkumar in November 2000. 42 Chief Minister Jayalalitha, on 21 April 2003 reportedly defended her government’s move saying Gopal had close links with Veerappan, and the two banned Tamil militant groups, the TNLA and the TNRT. 43 ■
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Contents Preface v Andhra Pradesh 1
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Preface Reporting on human rights v
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INDIA HUMAN RIGHTS REPORT 2005 Pref
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Chapter1 Andhra Pradesh I. Overview
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Chapter2 Arunachal Pradesh I. Overv
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Chapter3 Assam I. Overview Ruled by
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Chapter4 Bihar I. Overview Ruled by
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Chapter5 Chhattisgarh I. Overview R
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Chapter6 Delhi I. Overview Ruled by
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Chapter7 Gujarat I. Overview Ruled
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Chapter8 Haryana I. Overview Ruled
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Chapter9 Himachal Pradesh I. Overvi
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Chapter10 Jammu and Kashmir I. Over
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Chapter11 Jharkhand I. Overview Rul
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Chapter12 Karnataka I. Overview Rul
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Chapter13 Kerala I. Overview Ruled
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Chapter14 Madhya Pradesh I. Overvie
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Chapter15 Maharashtra I. Overview R
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Chapter16 Manipur I. Overview The u
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Chapter17 Meghalaya I. Overview Rul
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Chapter18 Mizoram I. Overview Ruled
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Chapter29 Religious Minorities Viol
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Chapter30 NHRC: Clogged under opera
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Endnotes Andhra Pradesh 1. Andhra l
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