Tamil Nadu government directed to maintain status quo in case against Vanchinathan

MADURAI: Admitting the habeas corpus petition filed by wife of advocate Vanchinathan, who was arrested on charges of instigating violence during anti-Sterlite protest in Thoothukudi, the Madurai Bench of Madras High Court directed the State to maintain status quo and file a counter on July 5. 

The senior counsel Ajmal Khan, who appeared for the petitioner Nandini, citing the guidelines provided by the Apex Court on similar habeas corpus cases, contended that the remand order issued by the Chief Judicial Magistrate (CJM) was unsustainable as it did not have any reference to the documents submitted by police to prove that the remand was necessary. 

Pointing out certain conditions prescribed in the Code of Criminal Procedure (CrPC) that ought to be considered when issuing remand order, the counsel submitted that Vanchinathan had been ordered to be remanded even though detention was not required and was falsely implicated by the police under various sections, especially under National Security Act, with oblique motive. The counsel prayed the court to pass interim orders restraining the police from invoking preventive detention under the Act.

However, Additional Advocate General K Chellapandian who appeared on behalf of the State strongly opposed the allegations of the petitioner and argued that the petition was not maintainable. As for the grievances concerning the remand order issued by the CJM, Chellapandian stated that the FIR itself was enough as it had details of the cases registered against Vanchinathan.

A bench comprising Justices C T Selvam and A M Basheer Ahamed directed the State to maintain status quo in the case against the petitioner and to file a counter affidavit on July 5.  Nandini, Vanchinathan’s wife, had filed the habeas corpus plea seeking interim order restraining the government from invoking any preventive detention against Vanchinathan under National Security Act, 1980.