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High Court upholds detention of Maoist under NSA

Written by: Staff

Chennai, Mar 3 (UNI) The Madras High Court today dismissed a Habeas Corpus Petition (HCP) filed by Chandra Prakash Gajurel, a Maoist leader, seeking to quash an order detaining him under National Security Act (NSA).

A Division Bench comprising Mr Justice P Sathasivam and Mr Justice J A K Sampath Kumar dismissed the HCP filed by Gajurel, holding that there was no ground to interfere with the detention order.

Gajurel, who was the politiburo member of National Communist Party of Nepal (MAOIST), was arrested on August 21, 2003 when he attempted to travel from Chennai to London, furnishing false information to the Immigration authority.

A case was registered for offences under the Passport Act. He had completed a two year sentence in the prison. At this juncture, he was detained under the NSA.

In its order, the Bench said as rightly pointed out by Government Advocate R Abudu Kumar that Gajurel was a foreign national/citizen of Nepal and hence subjected to NSA. He being a foreigner, with a view to regulate his continous presence in India, the Central or State Government was well within its power to detain him under the NSA and to prevent him from indulging in any activities that are prejudicial to the security of the nation.

It was the duty and responsiblity of the detaining authority to regulate his presence in India. ''We are satisfied that with the materials placed, the state government/detaining authority after satisfying itself to regulate his presence in India, he being a foreigner invoked the powers vested in it under NSA'' The bench added.

The bench said the detaining authority had considered all the aspects including the involvement of the petitioner in cases of grave nature. ''We are of the view that the satisfaction arrived at by the detaining authority that the detenu would come out on bail and indulge in activities prejudicial to the interest of the nation cannot be faulted with.'' As rightly pointed out by Abudu Kumar all the details have been furnished on the grounds of detention and copies of relevant documents have also been served on the petitioner. Apart from this, the government advocate also placed before the court a secret file which contained several materials about the involvement and other activities of the petitioner+, the bench observed and dismissed the HCP.


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