Bench quashes detention order under NSA
The Madras High court has quashed a detention order under stringent NSA against 10 persons who hurled explosives at a car.
Madurai: The Madras High court has quashed a detention order under stringent NSA against 10 persons who hurled explosives at a car, killing seven persons and injuring 13 others who were returning from Pasumpon Muthuramalinga Thevar Guru Pooja festival on October 30, 2012.
The madurai bench comprising Justices S Rajeswaran and T Mathivanan said the grounds for detention were vague and government had not produced material to prove they would come out on bail. Though it had been contended that the others involved in similar cases had come out on bail, the relevant material had not been produced before the court.
Petitioner Karthick contended he had not moved any bail application and there was no imminent possibility of his release in the near future.
He said detention authorities had taken into consideration a remote incident reported on November 9, 2011 when seven Dalits were killed in firing at Paramakudi and were trying to link them as if the attack was one of revenge.
But they had not produced any material to support the contention.
The counsel contended that his clients had deen detained under National Security Act, but that authorities had not produced any material to attract detention under NSA. Instead, they said the petitioners had acted in a manner prejudicial to maintenance of public peace and order.
If they felt there was a necessity to detain his clients to prevent them from indulging in such acitivities prejudicial to maintainance of public order, then it should not have attracted NSA, he said.
Police had registered cases against 12 persons for hurling explosives under various IPC sections including IPC 302 (murder) etc, explosives substance act etc.
Seven persons were killed and 13 were injured in the incident.