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Midnight arrests a serious violation: HC

By Our Staff Reporter

CHENNAI JULY 7. Even as many unions came to the Madras High Court pleading that the dismissal of nearly a lakh government servants was an `arbitrary State action', the First Bench said midnight arrests were a serious violation of Fundamental Rights.

When the matter was taken up today, K. Chandru, senior counsel for the AITUC, said the Government sought to condone ``cognisable offences'' committed by the striking staff during the first two days, July 2 and 3, despite the impugned amendment to the Tamil Nadu Essential Services Maintenance Act getting retrospective effect from April 23.

Arguing that the legislation could not discriminate among the strikers, he said the Government, after jailing thousands of employees, issued a warning that those who failed to return to duty within two days would be dismissed. Hence, the single judge order directing the release of the arrested persons, enabling them to rejoin duty, was correct. Condemning the precondition that employees willing to return to work give a written statement accepting their `misconduct', Mr. Chandru said it could be used as evidence against the employee if the Government initiated criminal proceedings. During arguments, the Chief Justice, B. Subhashan Reddy, asked, "can the Government view all crimes uniformly. There are offences, and there are grave offences. Midnight arrests of government servants are a serious rights violation. They are not criminals. Existence of power (to arrest) is one thing, but exercising the power is a totally different thing". The Bench then posted the matter to Tuesday for further arguments.

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