HCP for AIADMK workers dismissed

Chennai, Oct 11 (UNI) Madras High Court today dismissed a Habeas Corpus Petition (HCP) seeking to produce 71 AIADMK partymen arrested last week and set them at liberty.

A Division Bench comprising Mr Justice P Sathasivam and Mr Justice S Tamilvanan dismissed the HCP filed by AIADMK South Chennai Secretary and MLA V P Kalairajan.

The Bench said the materials placed revealed that the petitioners shown as detenus in the petition were arrested for various offences.

Subsequently they were produced before the Magistrate and were remanded to judicial custody. The fair copy of the remand order was not available before this court. If the Magistrate's order was contrary to the proposition enunciated by the Supreme Court or violative of CrPC provisions, the aggrieved persons were free to challenge it before the appropriate forum in separate proceedings.

'We are satisfied that at this juncture, there was no valid ground for interference by way of invoking the jurisdiction of this court under Article 226. Considering the urgency and the contention of the counsel that most of the persons shown in the HCPs are going to act as agents for candidates contesting the local body elections, they are free to approach the Magistrate to advance the hearing of their bail applications', the bench added.

The judges said it was not their endeavour to certify that the statement made by police was acceptable. Also, it was not possible to arrive at a definite conclusion that all the persons had played any role in the commission of any offence. The particulars revealed that these persons could not be treated on par with others. 'In such circumstances, we are of the view that the argument relating to discrimination or violation of Article 14 of the Constitution cannot be sustained, the bench added.

UNI XR AA LS RS2114