S VIOLA SELVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by one of the detenus wife directing the respondents to produce the detenues, (1) Selvin alias Karate Selvin, S/o. Dasan, (2) Jayakumar, S/o Joseph, (3) Vijay alias Vijayarangam, S/o. Rajendran, (4) Edwin, S/o. Soloman Nadar, (5) Kadir alias Kadirvelu, (6) Velusamy, S/o. Asirvatham, (7) Anand Samuel, S/o. Edwin Selvaraj, (8) Ravi, S/o. Rosappoo Nadar, (9) Dharman, S/o . Gopalakrishna Nadar, (10) Pagalavan, S/o. Durairaj Nadar and (11) Karuppasamy, S/o. Alagarsamy Nadar before this Court and set them at liberty.

(2.) THE necessary facts for the purpose of disposal of this habeas corpus petition are briefly stated as follows: On 26.12.1991 at about 8.45 p.m., the detenu Karate Selvin along with 11 others formed themselves into an unlawful assembly!, pursuant to which they indulged in terrorist activities, in the course of which two persons were indiscriminately butchered and done to death. Both preceding and after this gruesome occurrence which took place near a public market, country made bombs were thrown and as a result of the explosion therefrom, one of the victims by name Sowkath Ali, who was a member of the general public, sustained blast injuries. THE public who were surprised at the sudden and ghastly nature of the occurrence, ran holter-shelter being afraid of their lives. THE said Selvin alias Karate Selvin and the co-accused struck terror in the minds of the General Public in the course of the aforesaid Terrorist Act. After registering a case in Cr. No. 1284 of 1990 for the offences under Secs.3, 4 and 6 of the Terrorist and Disruptive Activities (Prevention) Act, 1987, Sec.3 of the Explosive Substances Act and under Sec.302 read with Sec. 109 of the Indian Penal Code on the file of the Palayamkottai Police Station and after completing the investigation, a charge sheet has been filed before the Principal Sessions Judge, Tirunelveli in TADA Case No.1 of 1992 which is pending trial after framing charges for the abovesaid offences.

(3.) SHE has also pleaded as directed by the Supreme Court in Kartar Singh v. State of Punjab, 1994 S. C. C. (Crl.) 899, the Government has not reviewed the pending prosecution by constituting a review committee consisting of top ranking officials of the Government even though a representation was made on 11.3.1994 on behalf of the detenus and hence, there is breach of Supreme Court direction which has violated Art.21 of the Constitution of India. The affidavit further reads that false implication of faction fights between two factions of the two communities cannot be by any stretch of imagination construed as TADA Act. Further, keeping the persons for over 3 1/2 years without trial is violative of Art.21 of the Constitution of India and also Sec.309 of the Code of Criminal Procedure.