G. PAVENDHAN Vs. STATE OF TAMIL NADU, REP BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, FORT ST. GEORGE, CHENNAI-600009,

JUDGEMENT

(1.) THE Petitioner, an advocate and stated to be the State Co -ordinating Secretary of 'Thamizhaga Makkal Urimai Kazhagam', an unregistered body, stated to be espousing the cause of human rights, has filed this habeas corpus petition praying to issue the Writ of Habeas Corpus to produce the body and person of Pozhilan, who is alleged to be illegally confined in the Central Prison, Puzhal -I, Chennai before this Court.

(2.) FROM the materials placed on record, it is seen that the detenu Pozhilan is one among the 20 accused in Cr. No. 250/1988 of St. Thomas Mount Police Station and Cr. No. 70/88 of Kodaikanal Police Station for the offences under Section 120 -B IPC r/w. Sections 3, 4, 5 and 6 of the Explosive Substances Act, 1908, Section 427 IPC, Section 4 of the Tamil Nadu Prevention of Damage to Public Property Act, 1984 and Section 3 r/w.24(l -B)(a) and 27 of the Indian Arms Act. It is alleged on the part of the Respondents that the father of the detenu by name Perunchithiranar was the President of 'Ulaga Tamil Ina Munnetra Kazhagam', a Tamil chauvinist movement, advocating the secession of Tamil Nadu from India and the detenu Pozhilan is an active member of the said movement. It is further alleged that the detenu Pozhilan along with other accused assembled at the office of 'Ulaga Tamil Ina Munnetra Kazhagam' in Chennai on 20.3.1988 and conspired to blow up the Nehru statue at Kathipara Junction, Chennai and T.V. Relay station at Kodaikanal and the detenu purchased gelatin sticks and prepared time bombs; that the time bombs were planted at Nehru statue, Kathipara Junction, chennai on 10.4.1988, which exploded causing damage to the statue and on 11.4.2008, the detenu directed the other co -accused to go to Kodaikanal and cause devastation to the television tower in Kodaikanal; that while the co -accused were planting time bombs in T.V.tower in Kodaikanal on 11.4.1988, a time bomb exploded accidentally causing the death of an accused by name Maran on the spot besides wreaking extensive damage to the compound wall of the T.V.tower station in Kodaikanal. Both the cases were clubbed together and investigated and charge sheet was laid in the above two cases on 9.6.1991. Along with other accused, the detenu was tried in Sessions Case No. 63 of 1993 by the Principal Sessions Judge, Dindigul and by the judgment dated 17.2.1997, the detenu was awarded life imprisonment for the offence under Section 3 of the Explosive Substances Act r/w.120 -B IPC. Aggrieved, the detenu preferred Crl.A. No. 268 of 1997 before this Court and the Division Bench of the Madurai Bench of this Court, by a common judgment dated 7.9.2007 has partly allowed the said appeal, modifying the sentence in the following terms: "Para No. 26(d):

(3.) IN these circumstances, the wife of the detenu has filed HCP. No. 757 of 2008 before the Madurai Bench of this Court seeking to reconcile the discrepancy in the award of punishment to the detenu on the ground that he could have been awarded imprisonment for the term below ten years, instead of ten years by the Division Bench of the Madurai Bench of this Court in the Criminal Appeal No. 268 of 1997. The detenu has also filed Review Application (MD)SR. No. 32166 of 2008 to review the judgment passed in the criminal appeal No. 268 of 1997. A contemporary Division Bench of the Madurai Bench of this Court, by the order 10.9.2008 has dismissed both the HCP and the unnumbered Review Application as not maintainable. After the dismissal of the said HCP and the Review Application (SR), this HCP has been filed by the Petitioner, seeking the release of the detenu.