Habeas Corpus Petition moved seeking to produce Nepal Maoist

Chennai, Sep 18 (UNI) A Habeas Corpus Petition (HCP) was today moved before the Madras High Court, seeking to produce the Nepal Maoist Leader Chandra Prakesh Gajurel before the court and set him at liberty.

A Division Bench comprising Mr Justice P Sathasivam and Mr Justice S Tamilvanan, before whom the HCP came up for hearing, directed the Special Additional Public Prosecutor to find out whether any arrest warrant in West Bengal was pending and also to find out the original writ petition in which this court passed an order, was still pending and posted the hearing to tomorrow.

During the course of the hearing, Senkara Subbu, appearing for the petitioner, submitted that Gajurel has completed the period of sentence in these cases.

Now the police say they completed rearrest formalities in the Jailer room itself without being released. Gajurel must be given an opportunity to work out his remedy by engaging a counsel and seeking to recall the warrant.

In her petition, Advocate Senkodi submitted that Gajurel, who was arrested on August 20, 2003 in connection with a case under the Passport Act, was detained under the National Security Act. During his detention, the Inspector of Police, Bakthi Nagar Police Station, West Bengal attempted to arrest him by executing a Prisoner on Transit (PT) warrant. This court granted stay and stated that he ought not to be taken to West Bengal without the order of this court.

Contrary to this order, the police have arrested the detenu inside the central Prison, Chennai and he was being taken to far away place in West Bengal. No grounds of arrest was informed and no family members were informed about the arrest. Hence the detention was illegal and violated Article 14 of the Constitution.

UNI XR AJ VA VC2002