LAWS(MAD)-1991-11-14

MANOJ AND Vs. STATE OF TAMIL NADU

Decided On November 08, 1991
MANOJ Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) All these Writ Petitions are disposed of together by a common order, since the detenus concerned in these writs, are stated to be involved in the same transaction. The contentions raised are also identical. All these writ petitions have been filed for the issue of a habeas (Corpus), for the production of the respective detenus, before this Court, for their being set at liberty, after quashing the impugned orders of detention dated 15-2-1991 passed by the second respondent, viz., the District Magistrate and Collector, Pudukkottai. In all these writ petitions the affidavits have been sworn to by one T. S. Mani, who claims himself to be the friends of the detenus. He has further averred, that he has filed these writ petitions on the instructions and the facts furnished by the respective detenus. The said Mani has also claimed that he is the State Organising Secretary of Dravidar Kashagam, which supports the organisation called "The Liberation Tigers of Tamil Eelam" (in short, LTTE) of Sri Lanka. Further details in the activities of the LITE, need not have to be stated, for the disposal of these Writ Petitions.

(2.) Facts which led to be passing of the impugned orders of detention, will have to be narrated. All these orders of detention have been made in exercise of the powers conferred under sub-sec. (2) of S. 3 of the National Security Act, 1980 (Central Act 65 of 1980), with a view to preventing the detenus from acting in any manner prejudicial to the maintenance of public order and to the maintenance of supplies and services essential to the community. A police cheek-post had been created at Arasangarai village in Pudukkottai District on the highway between Thondi and Sethubavachatram, for the purpose of checking the movements of all vehicles and other unlawful activities and more particularly vehicles of Srilankan Tamil Militants, for detecting the illegal transporting of commodities like diesel, petrol and weapons from India to Srilanka for their own use in Srilanka. Special Armed Police parties were posted at the check-post to control the unlawful entry of Srilanka Tamil Militants in sea-shore areas of Indian territory and also to control the movements of Srilankan Tamil Militants, who had entered into India without any valid passport, through unconventional channel and were involved in unauthorisedly transporting huge quantity of petrol, diesel, motor oil and acid to Srilanka, for their own use.

(3.) While the police party was engaged in checking the vehicles at Arasangarai village checkpost, at or about 4 a.m. on 26-1-1991, the Inspector of Police, Mimisal stopped the jeep bearing Registration No. T.N.-07-A- 2088 and Mitshubishi Van, bearing Registration No. TSJ 5324. The Inspector of Police found eight persons, including two ladies, having occupied the jeep. This group included the driver as well. In the van, inclusive of the driver, five persons were the travellers. As soon as the vehicles were stopped, four persons got down from the jeep, wielding A. K. 47 Rifles. They informed the police officials, that they were Tamil Militants and their vehicles should not be checked. They further threatened to open fire, if their request was not heeded to. Thereafter, two of the militants, removed the cross-bar of the check- post. Meanwhile, the driver of the jeep started the vehicle, crossed the cheek-post and halted. When the militants in the van attempted to cross the check-post, the police replaced the cross-bar in its original position. The driver of the van, after attempting to dash the vehicle against the police, tried to escape towards Thondi. The Inspector of Police, who was unable to arrest the movement of the van, ordered the Special Armed Police Constable LNK 905 and P.C. 955 to open fire, at the tyres of the van. Accordingly both the constables opened fire and as a result the van was stopped. The militants got down from the van and opened fire at the police party. Meanwhile, the four militants, who were standing near the jeep, got into the jeep and sped away towards north. The other militants, who had travelled in the van, escaped after opening fire. Soon thereafter, Additional Superintendent of Police arrived at the spot and on his instructions attempts were made to trace the jeep and the van. The Inspector of Police. Mimisal, found the jeep abandoned near the bank of Nadu Pamparu. The jeep was found empty and, therefore, a search was made for the militants. The Inspector of Police proceeded in search of the militants, tracing the footprints and he was able to trace two lady militants and six male militants hiding in the thorny bushes at Pamparu Kanmoi, in Thiruppunavasal village at 10.15 a.m. on 26-1-1991. The militants threatened to shoot the police, if they continued to follow them. The Inspector of Police warned the militants to surrender. As there was no effect, P. C. 955 and LNK 905 opened fire. The militants commenced escaping in different directions from their hideouts. The police party then rounded them up and caught eight militants including two ladies and all of them were arrested in the presence of two independent witnesses. They were interrogated. They admitted that they were militants belonging to LTTE group and that the other five militants, who escaped with fire arms also belonged to the same organisation. The Inspector of Police seized cyanide capsules from the possession of the detenu Manoj (W.P. No. 7942 of 1991), and detenu Ramesh alias Kubedran (W.P. No. 7946 of 1991), under mahazar. From the jeep, two black cans each containing approximately 25 litres of diesel were seized. The jeep was also found to contain a suit case with platic bags, two big plastic bags containing books and clothes. The abandoned van was also traced. From the van, 21 black plastic cans, each approximately containing 100 litres of petrol, 8 plastic cans each containing approximately 35 litres of acid, one cloth bag, one book bag, one album and cash to the tune of Rs. 20,643/- were seized under mahazar. The arrested detenus with the seizures were taken to Thiruppuna Vasal Police Station, where Cr. No. 7/ 91, under Ss. 5 and 6(a) of Registration of Foreigners Act, 1935, S. 25(1)(a) r/w S. 3 of the Indian Arms Act, S. 3(2)(1)(f) of Essential Commodities Act, S. 4 of Indian Explosives Substances Act r/w S. 285 of the Penal Code and S. 7(1)(a) Crl. Law Amendment Act read with S. 307 of the Penal Code, was registered. The arrested detenus were produced before the concerned Magistrate. Though bail was refused to the detenus, some of them were directed to be released on bail by this Court. The Deputy Superintendent of Police, who took over investigation, included the offences under S. 12(c) of Passport Act, 1957 read with S. 3(2)(a) of Passport (Entry into India) Act, 1920 and under S. 2(M) of the Motor Spirit and High Spped Diesel (Prevention of Malpractices in Supply and Distribution) Order, 1990, read with S. 7(1) of the Essential Commodities Act and S. 353 of the Penal Code, in the crime already registered. After follow up action, the impugned orders of detention were clamped.