Expression of support to a terror group no offence under POTA: AG

A series of statements by Kannappan as MP had made the Government refer the case to the AG for opinion as to whether these constituted an offence under Section 21 of POTA. Kannappan had allegedly said that MDMK support for LTTE would continue inspite of POTA as it was supporting the LTTE only because it was struggling for the welfare of Lankan Tamils.

Clarifying that MDMK had never supported any terrorist activity in Tamil Nadu, Kannappan had allegedly said MDMK had been extending moral support to LTTE but it did not mean that LTTE’s activities should be permitted in India. He clarified the MDMK supported the cause of Lankan Tamils.

Examining Kannappan’s statements in conjunction with POTA provisions, the AG said ‘‘Kannappan’s statements cannot be regarded as inviting support to the LTTE within the meaning of Section 21(1)’’. ‘‘There has been no contravention of POTA,” he said.

He said: ‘‘Assuming that expression of moral support may come within Section 21(2A), extension of support was not unqualified. It was accompanied by expression of opposition to terrorist activities and indulgence in or encouragement of anti-national activities in any part of India.’’