SC upholds constitutional validity of POTA
Tuesday, December 16 2003 11:22 Hrs (IST)
New Delhi: The Supreme Court today (Dec 16, 2003) upheld the constitutional validity of the
controversial legislation – Prevention of Terrorism Act (POTA) – and dismissed writ petitions challenging
the same.
A Bench comprising Justice S Rajendra Babu and Justice G P Mathur while dismissing the challenge to
the legality of POTA, said it did not want go into the merits to Vaiko's petition regarding the question as
to the validity of his detention under POTA.
The Bench, which gave certain clarifications of Section 21 (3) of POTA, said in the light of the
discussions in the judgement, the trial court will decide the matter against him.
The apex court had on April 29 reserved its judgement on the petitions challenging the constitutional
validity of POTA.
Petitioners - People's Union for Civil Liberties, non-Governmental organisation (NGO) on Human Rights,
Marumalarchi Dravida Munnetra Kazhagam (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, especially on freedom of speech and expression guaranteed under Article 19 of the
Constitution.
PTI
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