RAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) ALL these writ petitions are disposed of together by a common order, since the contentions raised are similar. The first batch namely W.P. Nos. 7732 to 7734 of 1991, relates to one transaction and the second batch, namely W.P. Nos. 7802 of 1991 and 7803 of 1991, relates to another transaction. Common arguments were advanced by Mr. B. Kumar, learned Counsel for the Petitioners; Mr. B. Sriramulu, learned Public Prosecutor and Mr. R. Santhanam, learned Additional Central Government Standing Counsel.

(2.) IN all these writ petitions, the Petitioners themselves are the detenus. They have prayed for their production before this Court for being set at liberty, after quashing the impugned orders of detention, all dated 19.2.1991, passed by the first Respondent, under Section 3(1)(b) of the National Security Act, 1980.

(3.) FACTS in the second batch: On 6.2.1991, the Assistant Commissioner of Police, Law and Order, Adyar, received information about the movements of the Sri Lankan LTTE Militants in Madras City. Chinnasamy, Assistant Commissioner of Police Mylapore Range, conducted vehicle check at the junction of R.K. Mutt Road and Greenways road, Abiramapuram, Madras along with his police party, for LTTE Militants. At 8.30 p.m. an auto -rickshaw bearing No. TSJ 8166 was noticed coming towards the road junction where vehicle check was being conducted. The auto -rickshaw was stopped and kiruban was its inmate. Kiruban was in possession of one Walkie -talkie hand -set in working condition and three 9 mm pistol cartridges. He was found to be a Sri Lankan LTTE Militant. Kiruban was arrested and his confessional statement was recorded. He was taken to E.I Mylapore Police Station and Crime No. 199 of 1991 under Section 12(1) of the Passport Act, Section 6(1A) of the Indian Wireless Telegraph Act and Section 25(IB)(a) of Arms Act, was registered. Kiruban confessed that he was then residing at door No. A.2/147, First Main (bad, Kandasamy Nagar, Kottivakkam, Madras -41, with his associates. The Assistant Commissioner of Police along with his party and in the company of kiruban, proceeded to the said premises. Kiruban pointed out the Petitioners in these two writ petitions and his other associates. All of them confessed, that they belonged to LTTE militant organisation. In the said house, they were found in possession of one wireless antenna with wire, Exide battery 2 in number, battery charger, 2 in number, Cathay Tape Recorder, Sanyo cordless phone, Sony one touch recording, Hanics Head phone, Delux Ruler Calculator Clock, Hall mode fransciever powerful wireless set one in number, Yaesu one receiver, Alba Tape Recorder, Cyperphone DPX, Philips Head Phone, Yamaha Motor Cycle bearing Registration No. TN -01 -C -0923, 9 mm Pistol rounds, 15 in number, Rs. 25,063/ - in Indian Currency, 744 U.S. Dollars, 120 Singapore Dollars, 3 R.C. Books, Driving licence Account Book, two cyanide capsules FAX papers, 17 literature -75, 16 passports, Canon FAX -520 and Diaries. All the above articles were recovered under a Mahazar. All the inmates in the premises were arrested and taken to E1 Mylapore Police Station. Further investigation was entrusted to Inspector of Police, Akbar, Central Crime Branch. Akbar examined the detenus and others and recorded their statements. They were produced before the 11 MM, Saidapet, who remanded them to judicial custody till 21.2.1991. Inspector of Police filed an affidavit requesting police custody of all the arrested persons. The request was acceded to by Court. Police custody was granted till 13.2.1991. Extended police custody was prayed for in respect of Kiruban and Shankara Tagore. Custody was ordered till 17.2.1991. Further recoveries were made on the confessional statement of Shankara Tagore. Both of them were surrendered on 17.2.1991 before Court. The detenus and others, who are Sri lankan nationals, do not possess valid passports or visas for staying in India, They all belong to LTTE Organisation. They neither have any avocation nor ostensible means or livelihood in India. The detenu in W.P. No. 7802 of 1991 is a trained active LTTE member of the organisation. In his capacity as an active member, he was frequenting the house. He used the said house to facilitate clandestine movements of the LTTE members and to have a LTTE organisation set up. The confessional statements and other materials collected during investigation revealed, that the detenus and others were using sophisticated electronic communication devices, illegally, to contact militant leaders at various places and Countries to illegally pass on crucial information, to hinder the normal functioning of the Government. Investigation also revealed, that the detenus and others were receiving monies from Sri Lankan Nationals residing in foreign Countries, for their illegal and clandestine activities. The possession of 16 passports pointed the illegal user of the same by the detenus to achieve their objects, by any means. The detenus and others also confessed, that they had distributed literature containing process of manufacture, of all varieties of grenades. It was also noticed, that they had attempted to excite dissatisfaction towards the Government established by law in India. The material gathered disclosed, that the detenus and their associates had chosen to indulge in prejudicial activities in the City of Madras and to commit illegal acts, to hinder the smooth functioning of the Government and to set fire to the Government Transport vehicles and public property. They had also planed to paralyse the supply of electricity and communication systems of the country. On these materials, the State Government was of the opinion, that it was necessary to take immediate and effective steps for regulating the stay of the detenus, for otherwise they were likely to indulge in grave and illegal activities. Therefore the impugned orders of detention in exercise of the powers under Section 3(1)(b) of the National Security Act, 1980 (Central Act 65 of 1980) were passed.