Habeas Corpus Petition moved for 71 AIADMK detenus

Chennai, Oct 9 (UNI) A Habeas Corpus Petition (HCP) was today moved before Madras High Court, seeking a direction to set at liberty 71 AIADMK cadre arrested here with alleged vindictive motive, keeping in mind election prospects.

When the HCP filed by AIADMK South Chennai District Secretary and MLA V P Kalairajan came up for hearing, a Division Bench comprising Mr Justice P Sathasivam and Mr Justice S Tamilvanan directed the Additional Public Prosecutor to get instructions with reference to the allegations in the HCP and posted the matter to October 11.

In his petition, Mr Kalairajan said since the ruling DMK came to power, law and order in the state was deteriorating and deplorable.

Members of the ruling party were given a free hand to commit crimes and atrocities and many persons detained under the Goondas act were suddenly released to canvas for the DMK, he charged.

To ensure victory in the local body polls, police was advised, instructed and instigated to arrest prominent persons belonging to opposition parties and detain them in prison till the poll process was completed. Seventy one persons were arrested in the city without valid grounds, or following due process of law, he contended.

He said no law permitted detention on such a massive scale, that too by taking away persons at midnight or early morning while they were asleep. The reason for arrest was not informed to them, nor relatives told of their arrest.

This was a clear violation of requirements as declared in the D K Basu case. All the directions had been flouted by police, he said.

Unfortunately, when they were produced before a Magistrate, they were mechanically remanded, depriving them of their fundamental rights. The Magistrate had not applied her mind and had failed to peruse records like case diaries to satisfy the need for remand.

Even if the FIR contents were seen at face value, offences under Section 7 (1) (a) of Criminal Law Amendment Act (molesting a person to prejudice employment or business) was not made out. So, the remand was bad in law. Bail pleas of the detenus were sought to be adjourned beyond the election dates at the instance of the police, he added.

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