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SC upholds constitutional validity of POTA
New Delhi, Dec 16: The Supreme Court today upheld the constitutional validity of the stringent Prevention of Terrorism Act (POTA).
New Delhi, Dec 16: The Supreme Court today upheld the constitutional validity of the stringent Prevention of Terrorism Act (POTA).
The apex court however, gave some relief to jailed MDMK leader Vaiko by observing that mere moral support to a terrorist organisation cannot be classified as an offence under POTA.
The Bench said the prosecution must prove criminal intention behind the act.
It also directed the Chennai court before whom the POTA case against Vaiko was pending, to dispose of the matter in accordance with the clarifications given by it today. The Court accepted Sorabjee's contention that the stringent bail provisions provided in the anti-terrorist legislation could be made more humane.
It suggested application of normal bail provisions under the Indian Penal Code (IPC) if a person's detention under POTA exceeded one year.
With the order in place, Vaiko, who has been behind bars for the last 18 months for giving a speech allegedly in support of banned terrorist organisation LTTE, can now move a bail petition before the trial court. The Apex court had earlier reserved its judgement in April this year on the petitions challenging the constitutional validity of POTA.
People's Union for Civil Liberties, an NGO on Human Rights along with MDMK leader Vaiko, Tamil activist P Nedumaran and a Tamil publisher - had assailed the legislation on the ground that it interfered with the fundamental rights of people.
The argument particularly referred to the freedom of speech and expression guaranteed under Article 19 of the Constitution. Bureau Report
The Bench said the prosecution must prove criminal intention behind the act.
It also directed the Chennai court before whom the POTA case against Vaiko was pending, to dispose of the matter in accordance with the clarifications given by it today. The Court accepted Sorabjee's contention that the stringent bail provisions provided in the anti-terrorist legislation could be made more humane.
It suggested application of normal bail provisions under the Indian Penal Code (IPC) if a person's detention under POTA exceeded one year.
With the order in place, Vaiko, who has been behind bars for the last 18 months for giving a speech allegedly in support of banned terrorist organisation LTTE, can now move a bail petition before the trial court. The Apex court had earlier reserved its judgement in April this year on the petitions challenging the constitutional validity of POTA.
People's Union for Civil Liberties, an NGO on Human Rights along with MDMK leader Vaiko, Tamil activist P Nedumaran and a Tamil publisher - had assailed the legislation on the ground that it interfered with the fundamental rights of people.
The argument particularly referred to the freedom of speech and expression guaranteed under Article 19 of the Constitution. Bureau Report