The Supreme Court on Monday dismissed Tamil Nadu government's plea challenging a Madras High Court order rejecting two-day police custody of Tamil folk singer S. Kovan.
The State government had termed the singer a “habitual offender involved in committing offences against the government”.
A Bench led by Justice F.M.I. Kalifulla summarily dismissed the plea on finding no merit in the case. Attorney-General Mukul Rohatgi appeared for Tamil Nadu government.
Fifty-four year old Kovan, >was arrested in Tiruchirapalli on October 30 and charged with sedition, uploading defamatory video content against Chief Minister Jayalalithaa causing “hatred and disaffection towards the government”.
The police version was that during the course of their investigation it came to their knowledge that he had links with naxals. On the basis of this, Chief Metropolitan Magistrate, Egmore, >ordered a two-day police custody of the singer.
However, the High Court, on his appeal, intervened to set aside the Magistrate's order on the ground that the prosecution was unable to produce any evidence to support its claim that the singer was allied to naxal groups. The High Court pulled up the State for charging Kovan under Section 66 A - already struck down by the Supreme Court as unconstitutional - of the Information Technology Act.
Subsequently, a Chennai Sessions Judge >granted Kovan bail on November 16.
Blaming the High Court order for stalling its investigation and ultimately leading to Kovan's release on bail, the State, through advocate Yogesh Kanna, said "the case on hand pertains to publication of a video in the internet through which the respondent (Kovan) purported to cause hatred, excite disaffection towards the government and also instigate people against the State causing prejudice to the national security”.
It said not only did the High Court's “surmises” interfered with the subjective satisfaction arrived by the Magistrate, but the court failed to consider the past cases against Kovan for serious offences against the State.
“Material information with regard to ascertaining the videographer, co-artists and the person who posted the video in the website and also the links of the organisation People’s Art and Literary Association (PALA) with naxal groups could be obtained only under police custody,” the State argued.
Kovan, >through his street plays and CDs , had been consistently demanding closure of the State-run liquor shops.
