VASANTHAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) SINCE the issue involved in both these petitions is similar, a common order is being passed.

(2.) VASANTHAKUMAR, petitioner in H. C. P. No. 1241 of 2004, and Lingam, petitioner in H. C. P. No. 1272 of 2004, have filed these Habeas Corpus Petitions, seeking for quashing of the detention orders in G. O. Nos. SR. III/2628-3/97, dated 03. 10. 1997, and SR. III/3344-18/94, dated 24. 05. 1995, respectively on the file of the first respondent, namely, Secretary to Government, Public (S. C.) Department, Fort St. George, Chennai - 600 009, and for setting them at liberty.

(3.) ACCORDING to the petitioners, they are Sri Lankan Tamilians. They came to India in the year 1991. They were arrested by the C. B. I. Police and kept in their custody. Vasanthakumar alias Vasanthan was implicated as an accused in E. P. R. L. F. Leader Padmanabha murder case and he was lodged in Central Prison, Chennai, as a TADA accused. In the year 1992, a charge sheet was filed against the said Vasanthan and others for the said case. The TADA Court, after a full-fledged trial, found him not guilty and acquitted him of all the charges, by its judgment, dated 03. 11. 1997. Thereafter, he was taken to Chengalpattu and lodged in Special Camp for Sri Lankan Refugees and served an order of detention, dated 03. 10. 1997, detaining him under Section 3 (2) (e) of Foreigners Act,1946. Lingam, petitioner in H. C. P. No. 1272 of 2004, was arrested by C. B. I. Police and kept in Vedaranyam Police Station, in connection with Rajiv Gandhi murder case. After enquiry, it was found that he had no connection with the said murder and the C. B. I. Police recorded him as a witness. Thereafter, on 14. 08. 1991, he was detained under Section 3 (2) (e) of Foreigners Act by officials; lodged in Special Refugee Camp at Saidapet and, thereafter, shifted to Special Camp for Sri Lankans at Chengalpattu.