A day after the Centre revoked his detention under the National Security Act (NSA), Jayankondam PMK MLA J.Guru alias Gurunathan was detained for the third time in three months under the preventive law on Friday.
The legislator, aged 54, has been lodged in the Central Prison, Puzhal here.
In the detention order, Kancheepuram Collector L. Sitherasenan said, “With a view to preventing him (Guru) from acting in any manner prejudicial to the maintenance of security of the State, public peace, tranquillity and public order, it is necessary to make this detention order.”
On Friday, counsel told a Bench comprising Justices V. Dhanapalan and C.T. Selvam that since the Centre had revoked the detention, Mr. Guru should be released. Advocate-General A.L. Somayaji submitted that the Kancheepuram Collector passed an order detaining the MLA under the NSA. Following this, a Habeas Corpus Petition (HCP) was filed by the PMK’s Ariyalur district secretary G. Vaithiyalingam of Periyathathur.
Unconstitutional
The petitioner submitted that the impugned order was “illegal, unconstitutional and passed without due application of mind.”
The detention order was against the principles established by law. There was no compelling necessity to invoke the NSA against Mr. Guru.
The order had been passed “due to political pressure and vengeance.”
The State government’s action would prove that the detention was nothing but using the power against a particular political party workers in order to suppress them from doing their political and social work.
The petition sought to quash the Collector’s order.
Counsel N.R. Elango submitted that the State government had to obey the order of the Centre. By passing the order, the State government had chosen the best way of killing democracy.
Mr. Somayaji said the government would file a counter. He asked how the Centre could revoke the detention when the court was seized of the matter.
The detention was necessary considering the background of the detenu. Damage to property, burning of buses and the detenu’s inflammatory speech made the government detain him. There was no political motive in his detention.
Additional Solicitor-General P.Wilson said nothing prevented the Centre from revoking the detention order. The Central authorities could well exercise the power.
Adjourning the matter to August 26, the Bench directed the Central and the State governments to produce files relating to the revocation of the detention and re-detention order.
