ELANGO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) These five writ petitions have been filed by one Elango, Secretary, Radical Students Union, Tamil Nadu Unit. It is stated in the affidavit that the Union and its sister organisation Radical Youth League are wedded to the ideals of Marxism and Leninism and are fighting against the exploitation of mankind. The writ petitions have been filed praying for a writ in the nature of Habeas Corpus directing the State of Tamil Nadu and the Collector of Salem to produce the five persons who are detained under the provisions of S. 3(2) of the National Security Act 1980 (hereinafter called as the Act) and to set them at liberty. The orders of detention are dt. 7-6-1985.

(2.) In the grounds of detention, it is stated that on 20-4-1985 at about 16.30 hours the five detenus acting as a crew unauthorisedly with malicious intention removed the inner side steel keys from the fourth sleeper between Lokur and Bommidi railway stations in the railway track between Madras and Salem (down line) on the western side near joint 15. It is further stated that they were caught redhanded while they, were removing the, steel keys by the local people. In the meantime, the Permanent Way Inspector, Grade II, Bommidi having jurisdiction over the said track, in the course of his routine inspection, arrived at the scene of occurrence around 17 hours accompanied by his trolley men. One of the eye-witnesses had told the Inspector about the unauthorised removal of the steel keys from the railway track and it is further stated that one, of the detenus replied that they wanted to commit sabotage in order to disturb the maintenance of supplies and services essential to the community. The Inspector immediately with a view to avoid possible disruption of supplies and services and to safeguard the movement of trains in the said railway track, set right the railway track. By such immediate action, the derailment of any train was averted. The Kovai Superfast Express passed on the track after the track was set right around 17.05 hours. At 18 hours the Inspector took the detenus in his trolley and handed them over to the Inspector of Railway Police, Jolarpet station. A case was registered in Salem Railway police station Cr. No. 84 of 1985 under S.126 of the Indian Railways Act, and it is pending trial. The accused were remanded by the Judicial Second Class Magistrate Salem and they were lodged in the Central Prison Salem as remand prisoners.

(3.) Action seems to have been initiated against these five persons under the provisions of the National Security' Act. The second respondent, the District Magistrate and Collector of Salem, after having satisfied that the detenus were acting in a manner prejudicial to the maintenance of supplies and services essential to the community and being of the opinion that though they are in judicial remand and would be proceeded under the normal law, held that their activities warranted a detention under the National Security Act. The detaining authority was also of the view that in order to prevent them from acting in any manner prejudicial to the maintenance of supplies and services essential to the community, it is also necessary to detain them under the Act. Accordingly, by his order dt. 7-6-1985 he directed them to be detained in prison.