Illegal detention of anti-Sterlite protesters: Tamil Nadu government directed to file copy of promulgation order

Madurai Bench of Madras High Court directed the government to file its reply and also the copy of the promulgation order passed before and during the protest.
A file photo of the violence during the anti-Sterlite protest in Thoothukudi
A file photo of the violence during the anti-Sterlite protest in Thoothukudi

MADURAI: On a PIL that sought direction to stop illegal detention of public and anti-Sterlite protesters at Thoothukudi, the Madurai Bench of Madras High Court directed the government to file its reply and also the copy of the promulgation order passed before and during the protest. AWD Tilak, an advocate from Thoothukudi, approached the court praying interim directions to Thoothukudi Chief Judicial Magistrate to inspect the Armed Reserve police camps in the district to find any illegal detention by police in connection with the protest against Sterlite unit.

The advocate had also prayed the court to direct district administration to provide a copy of the prohibitory order promulgated by the administration on May 21 as the same has not been furnished to him yet through the RTI Act.Countering this, the AAG had submitted that the there was no illegal detention in Thoothukudi and said that it was the duty of the police to arrest those who caused violence on May 22 that lead to the loss of 13 lives. It was only the mob that committed atrocities by torching and damaging public and private property, said the AAG, adding that if the mob did not cause violence then police firing would not have taken place.

A bench comprising Justices C T Selvam and A M Basheer Ahamed observed that the circumstances said in the case were not ordinary and that particular circumstances call for particular attention. They further stated that the promulgation order (144 CrPC) is a public document and hence must be made available to public.

‘No illegal detention’
Countering this, the AAG had submitted that the there was no illegal detention in Thoothukudi and said that it was the duty of the police to arrest those who caused violence on May 22 that lead to the loss of 13 lives. It was only the mob that committed atrocities by torching and damaging public and private property, said the AAG, adding that if the mob did not cause violence then police firing would not have taken place.

‘Transfer all pending Sterlite cases to Madurai Bench’
Madurai: The Madurai Bench High Court Advocates Association (MBHAA), in their general body meeting held on Monday, passed a resolution against State’s petition towards transferring all cases related to the anti-Sterlite protest in Thoothukudi to Madras High Court, saying that it would defeat the purpose of establishment of Madurai Bench. Expressing their condemnation over the arrest of advocate S Vanchinathan, the association also announced that it had decided to boycott court proceedings on Thursday and had planned to stage a demonstration in front of the High Court campus in Madurai, seeking his release. The association further wanted all the pending cases to be transferred to the Bench.

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