The Madurai Bench of the Madras High Court on Wednesday quashed the detention of advocate Hariragavan under the National Security Act, 1980. Mr. Hariragavan was actively involved in the anti-Sterlite protest in Thoothukudi.
A Division Bench of Justices C.T. Selvam and A.M. Basheer Ahamed observed that the sponsoring and detaining authorities should have ascertained the factual position (the court’s bail order) before passing the detention order.
Thoothukudi Collector Sandeep Nanduri appeared before the court as per its direction. The court said the authority should have been exercised cautiously. When the court granted bail on July 24 with conditions, the authorities should not have invoked the NSA, it said. Additional Advocate General K. Chellapandian told the court that Mr. Hariragavan was actively involved in the anti-Sterlite protest. A recommendation for his detention was made on July 20 itself and was passed on July 26.
Senior counsel M. Ajmal Khan had earlier told the court that the authorities had failed to consider the bail granted to Mr. Hariragavan by the High Court Bench in as many as 91 cases, before passing the detention order.
The court was hearing a habeas corpus petition filed by H. Sathiyabama, wife of Mr. Hariragavan. Ms. Sathiyabama had said that the High Court Bench had granted him bail with conditions on July 24.
However, on July 26, she alleged that the authorities told her that her husband, currently lodged in Palayamkottai Central Prison, had been detained under the NSA.
She sought the revocation of the detention order and prayed that her husband be set at liberty.