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SC extends stay on trial of Vaiko in POTA case
Friday, September 10 2004 18:38 Hrs (IST)

New Delhi: In a major relief to MDMK (Marumalarchi Dravida Munnetra Kazhagam) leader Vaiko, the Supreme Court today (Sep 10, 2004) extended by four weeks the operation of its interim order staying the proceedings in a POTA (Prevention of Terrorism Act) case against him and allowed him to file an appeal challenging a Chennai court's refusal to drop the case.

A Bench comprising Justice S N Variava and Justice H K Sema extended the interim order during the hearing of a petition filed by Vaiko and eight others challenging the earlier decision of the Tamil Nadu Government not to withdraw the case despite a clean chit given to them by the Central POTA Review Committee.

On the submissions of the counsel for Vaiko and others, the Bench allowed them to file an appeal in the Supreme Court challenging the decision of the trial court not to accept the Public Prosecutor's application for dropping the case.

On September 3, a designated Chennai court had denied permission to the Tamil Nadu Government to withdraw the case against him and said the trial would go on.

Dismissing a petition filed by the Public Prosecutor to withdraw the case against Vaiko and eight party functionaries in view of the Committee's order, designated Judge L Rajendran held that it had 'prematurely' concluded the issue without having any opportunity to analyse the material relied upon by the prosecution, which was available to the court.

Vaiko had said, "Right from the beginning, the designated court has taken a stand against me, which I have been experiencing for the past 19 months."

PTI










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