The relief given by SC to a political detainee, like Vaiko, two days ago will not apply to UP legislator Raja Bhaiyya.This was made clear today by a bench headed by Justice S. Rajendra Babu while hearing a petition challenging the Mulayam Singh Yadav government’s decision to withdraw POTA charges against Raja Bhaiyya and his father.Raja Bhaiyya will have to wait till the UP Government gets the Centre’s consent to withdraw the charges, the SC has ruled.The MLA does not benefit from the ruling that Justice Babu gave on December 16 as it only liberalises Section 21 of POTA, which penalises expression of support to a banned terrorist organisation. Justice Babu had held that Section 21 cannot be invoked against anyone unless there is evidence to show criminal intent behind the speech.But the allegation against Raja Bhaiyya is that he himself is a terrorist. Mayawati government booked him under Section 3 of POTA, which penalises various terrorist actsThe technicality that comes in the way of Raja Bhaiyya’s release is that the new UP government ordered the withdrawal of charges against him without complying with the statutory requirement of taking the Centres’s consent.As the bench adjourned the matter, the state now has the option of remedying this and getting Raja Bhaiyya released. The state is not expected to encounter any problem in getting the Centre’s consent since many Central ministers have voiced opposition to a POTA case against Raja.The petition opposing the withdrawal of charges was filed by witnesses who alleged that if he was released, their life and liberty would beat risk.The bench directed the matter for next hearing as and when the state government obtains the Centre’s consent to withdraw charges.
