CHENNAI: The Madras High Court ordered the Tamil Nadu police to release Leader of Opposition and DMK leader Udhayanidhi Stalin on Tuesday itself even as the state government informed the court that he would be let go after interrogation in connection with the FIR registered over his alleged derogatory comments laced with innuendos.
Justice G K Ilanthiraiyan issued the order when the anticipatory bail application filed by Udhayanidhi came up for hearing. Recording Advocate General Vijay Narayan’s submission that the former deputy chief minister would be let go after interrogation, the judge ordered his release on station bail on Tuesday itself.
The AG said, “He has already been arrested and the state is not intending to remand him in judicial custody. He is being taken to Thanjavur for interrogation and will be let go once the interrogation is over.” He added that the FIR was registered against him in the interest of women.
“The question of maintainability of the anticipatory bail petition does not arise after the arrest of the petitioner. However, depending upon the facts and circumstances of the case, this court is empowered to grant bail to the petitioner even in the anticipatory bail petition itself,” Justice Ilanthiraiyan said. As sought by the AG, the judge directed Udhayanidhi to cooperate with the police.
Comments not aimed at anyone: Udhayanidhi plea
The anticipatory bail petition stated that Udhayanidhi’s remarks were a “political speech” directed at the conduct of the state government and is protected under Article 19 (1) (a) of the Constitution guaranteeing right to free speech.
In its plain meaning and in the context of the speech, the comments refer to the Cauvery water dispute and nothing else, Udhayanidhi’s petition stated, adding that he had neither made any derogatory or indecent statement against any person nor used any word or gesture intended to insult the modesty of a woman.
Senior counsels N R Elango, J Ravindran and Hasan Mohammed Jinnah appeared for Udhayanidhi.
Earlier in the day, Ravindran and Jinnah mentioned the matter before the judge and sought an urgent hearing of the anticipatory bail stating that the police, encircling the leader’s residence, were attempting to apprehend him. The judge orally instructed the public prosecutor “not to precipitate” the matter until the petition was taken up for hearing at 12 pm. The hearing, however, was posted to 2.15 pm after the case papers did not reach the court.