The Madras High Court today allowed an appeal filed by MDMK chief Vaiko and six others and set aside a special court order dismissing an application filed by the state government seeking withdrawal of cases filed against them under POTA 10 years ago.
"We are satisfied that the amendment (repealing POTA) reiterates that when once a prima facie case has been made out and that the order of the Review Committee is binding, the proceedings are deemed to be withdrawn. Learned Public Prosecutor would also fairly agree that the amendment would certainly allow such a withdrawal provision before the concerned court," the court said.
"Therefore in the light of the above, we find that the order of the special court refusing the application made for withdrawal of POTA cases against the appellants is unsustainable, both in law and on facts," a division bench comprising justices S Rajeswaran and T Mathivanan said.
In July, the high court had stayed all further proceedings in the special court related to the Prevention of Terrorism Act case filed against Vaiko and others until further orders.
The court gave the interim order on a batch of appeals by Vaiko and others challenging a September 2004 order of the special court at suburban Poonamalee dismissing the public prosecutor's application seeking withdrawal of the case.
The 'Q' branch CID, Madurai, had booked the case against Vaiko and others under POTA on the basis of a speech he made at a public meeting in favour of banned LTTE.
The Centre had repealed POTA in which it was stated that if the review committee passes an order that will be binding on the court dealing with POTA cases. In this case, the committee had passed an order saying prima facie there was no case against Vaiko and others under the Act and directed the state government to file an application through the public prosecutor withdrawing it.
