The order revoking the detention of PMK MLA and Vanniyar Sangam chief ‘Kaduvetti’ J Guru by the Union Home Ministry under the National Security Act (NSA) was passed without application of mind, senior advocate KTS Tulsi, appearing for the State government, told the Madras High Court on Monday.
When the habeas corpus writ petition challenging the detention of Guru under NSA for the third time came up before justice CT Selvam, Tulsi said “the Centre’s revocation order was bald and without any reason”.
Despite the lapse of 55 days since its first revocation order dated July 1 order, the Centre has not forwarded any reason to back its orders. In the absence of reasons, the State government was entitled to infer that there was no reason at all. It was arbitrary and deserved to be quashed, Tulsi contended.
However, Additional Solicitor General P Wilson said the gist of the revocation order had been conveyed to the State government. The relevant statute did not require the Centre to communicate the entire revocation order along with the full set of reasons. The Centre did apply its mind on Guru’s representation and the State government’s report before passing the order, Wilson added.
Meanwhile, the petitioner’s counsel N R Elango said the Centre and the State governments were arguing their jurisdiction and power even while the detenu was languishing in jail. Much was being discussed on the Centre’s failure to furnish reasons for revoking the detention orders, even though the Supreme Court had categorically held that timely disposal and not reasons, was most important in cases concerning personal liberty.
Hearing the arguments, the judge asked whether an individual’s fundamental right to personal liberty could be held at stake. The arguments will continue on Tuesday.