Chennai, Sept. 3: A trial court today rejected Tamil Nadu’s plea to withdraw the anti-terror case against Vaiko and eight of his party workers, dealing a blow to the MDMK chief.

Special judge . Rajendran of the court in Poonamalle found the public prosecutor’s plea — mainly based on the Central Pota Review Committee’s order — “totally unsustainable”.

“This court does not accept” the findings of the “Pota review committee” as it decided on the issue “prematurely”, “without having any opportunity to analyse the complete materials relied upon by the prosecution as available before this court”, the judge ruled.

The MDMK cadre waiting outside the court premises, crackers in hand to celebrate Vaiko’s release, looked visibly crestfallen.

On a padayatra of the state, Vaiko’s reaction to a television channel near Tindivanam this afternoon suggested the order was on expected lines.

He was arrested in Chennai under the Prevention of Terrorism Act in July 2002, on the charge of making a public speech in support of the banned LTTE. Lodged in Vellore Central jail for nearly 19 months, Vaiko finally sought bail and was set free on February 7 this year.

The judge said he found the review committee’s conclusion “destitute of any valid material except the speech delivered by the accused at the public meeting in Thirumangalam near Madurai on June 29, 2002”. “The matter is directed for further proceedings as per circumstances,” the judge said.

Recommencement of the trial would now hinge on the Supreme Court as it had stayed further proceedings before the trial court in May on a petition by Vaiko.