Sedition case: HC suspends one-year sentence imposed on Vaiko by lower court
July 18, 2019 17:57
In a major relief to MDMK chief Vaiko, the Madras high court on Thursday suspended the one-year sentence awarded to him by a lower court in a 2009 sedition case.
Justice P D Audikesavalu, before whom the appeal filed by Vaiko came up, suspended the sentence imposed by a special court on July 5.
Counsel for Vaiko argued that there was no audio or video evidence produced by the prosecution to prove the charge of sedition under Indian Penal Code section 124 A and even the witnesses produced were only police personnel and no public witnesses were produced.
Public prosecutor A Natarajan submitted that Vaiko himself has admitted to making such speech.
Refusing to restrain Vaiko from giving such speeches against the sovereignty of the State, as sought by the public prosecutor, the court instead asked the counsel for Vaiko to advise his client to be responsible while making public speeches pending disposal of the appeal.
In his petition, Vaiko said the special court for trial of MPs and MLAs had erred in its interpretation of 124 A (sedition) with regard to the words he had spoken in support of the banned LTTE.
What he had spoken "must be judged objectively and from standards reasonable to strong minded, firm and courageous men and not those of weak and vacillating minds," he said.
Vaiko, a Rajya Sabha member, submitted that the trial court erroneously rested its conclusion based on inadmissible evidence.
He referred to the order of the lower court and said the proof of guilt of the accused is very much on the prosecution.
-- PTI
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