New Delhi: The Central POTA (Prevention of Terrorism Ordinance) Review Committee today (Sep 10, 2004) sought explanation from Tamil Nadu Government as to how it was claiming privilege on certain documents pertaining to the investigation into the case of 'Nakkeeran' editor R R Gopal, who has been charged under anti-terrorism law.

"The Committee wants to know as to how privilege is being claimed on certain documents, materials and statements gathered during the investigation," Chairman of the Committee, Justice Arun B Saharya asked senior advocate D C Mathur, appearing for the Tamil Nadu Government. The Committee said the State Government has to satisfy what documents will fall in privileged category as it has even included the statement of the applicant (Gopal) into the list of such documents.

The Panel observed that Gopal has right to have the materials on the basis of which POTA was invoked against him.

However, Mathur said under the law, unless chargesheet was filed the documents collected during the course of investigation could not be given to the accused.

But when the Committee said the State Government has to assist on the merits of the case, Mathur sought adjournment saying he would like to discuss the case with the officers associated with the case.

Further hearing on the issue will be taken tomorrow (Sep 11, 2004).

Gopal, Editor of Tamil magazine 'Nakkeeran', was arrested under POTA in April 2003 for illegal possession of arms in a notified area.

The Committee had last week asked the Tamil Nadu Chief Secretary to produce entire record pertaining to POTA case against Gopal, who is currently on bail.