MADURAI: The Madurai Bench of Madras HC quashed the detention of six Makkal Adhikaram cadre who were detained under National Security Act (NSA). Allowing the Habeas Corpus Petitions filed by the relatives of the six, a Bench comprising Justices C T Selvam and A M Basheer Ahamed pointed out the dictum of the SC in GM Shah’s case, which states that the order of detention has to be based either on the detaining authority being satisfied that the person against whom the order is being made is acting in any manner prejudicial to the security of the State or on satisfaction that such person is acting in any manner prejudicial to the maintenance of public order. “Satisfaction of detaining authority cannot be on both counts at one and the same time. Hence, the detention order is liable to be set aside,” the judges said.
Velumurugan(40) Kaliloor Rahman (47), Saravanan (32), Mohamed Anas (21), Kottaiyan (37) and Mohamad Irshath (19) were booked under NSA based on orders from Thoothukudi collector Sandeep Nanduri. Challenging this, the relatives of petitioners filed an HCP contending that procedure was not followed properly and hence sought to quash the NSA imposed on them.