S JAMES PETER Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE challenge in this Habeas Corpus Petition is to the order of detention passed by the 2nd respondent herein in No. 04/n. S. A. /2009 dated 27. 02. 2009, praying to set aside the same as illegal and consequently, direct the respondents to produce the detenu, S. Seeman, now confined in Central Prison, Kalapattu, Puducherry, before this Court and set him at liberty.

(2.) THE petitioner, who is the brother of the detenu, challenges the order of detention passed against the detenu detaining him under sub section (2) of Section 3 of the National Security Act, 1980 (Central Act 65/1980) read with G. O. Ms. No. 61/public (Law and Order-F) Department, dated 12. 01. 2009, which was passed on the basis of a speech delivered by the detenu on 17. 02. 2009 between 19. 10 hours and 23. 00 hours at Jawahar Thidal, Palayamkottai, Tirunelveli City.

(3.) IT is alleged that in a public meeting organised by the Tirunelveli Bar Association on 17. 02. 2009, the detenu, who had participated in the said meeting, had spoken about Srilankan Tamils issue, in support of the Liberation Tigers of Tamil Eelam, a banned organisation, instigating violence amidst the youth and thereby disturbing the public order. It is also stated in the order of detention that the detenu had spoken in the said meeting that he had accepted Prabhakaran, the leader of the Liberation Tigers of Tamil Eelam, as his brother and he had also spoken in such a manner to instigate violence among youth of Tamil Nadu for the liberty of Tamil Eelam. In view of the above, a case in Crime No. 308 of 2009 on the file of Palayamkottai Police Station was registered against the detenu for the offences under Section 505 IPC and Section 13 (1) (b) and 13 (2) of Unlawful Activities (Prevention) Act, 1967 and thereafter, he was arrested on 24. 02. 2009 and lodged at Central Prison, Kalapattu, Puducherry.