CHENNAI: The curtains were down on the POTA case against MDMK general Secretary Vaiko and seven other party functionaries. Twelve years after he was booked under POTA for his speech supporting the proscribed LTTE, Vaiko was finally relieved, with the Special Court at Poonamallee closing the case against him and others on Monday.
In 2002, cases were booked by the ‘Q’ branch of Tamil Nadu police against Vaiko and others under POTA for speaking in support of the LTTE. Along with others, he was arrested and incarcerated for nearly 18 months before being released on bail.
The special court at Poonamallee framed charges and the trial began in 2003. However, subsequently the Union Government repealed the controversial law. Also, a review committee set up by the central government, on a petition filed by Vaiko, observed that prosecution under POTA was not necessary. The committee also directed the State government to withdraw the cases.
Subsequently, the State government filed an application before the special court to withdraw the cases filed against Vaiko and others under POTA. But the court refused to entertain the withdrawal petition and on September 3, 2004 ordered that the trial would commence.
Aggrieved by this, Vaiko approached the Supreme Court contending that the rejection of the withdrawal application was erroneous.
The Supreme Court stayed the trial and directed the petitioners to approach Madras High Court and seek to set aside the trial court’s order.
Following this, Vaiko moved Madras High Court on October 13, contending when the review committee constituted under POTA by the Central Government was of the opinion that there is no prima-facie case, cognizance taken by the Special Court should be deemed to be withdrawn. The court accepted the averments and set aside the trial court’s order paving way for the withdrawal of the case against Vaiko.
Based on the High Court order on November 21, Vaiko moved the Special Court to pass a final order closing the case. Special judge Moni posted the matter to November 24 saying the final orders will be passed after perusing the order of the Madras High Court. On Monday, Moni declared the case closed.