Detenu attacked Muslims to spark riots
CHENNAI: The detention of a person under the National Security Act for having clandestinely entered a mosque and attacked three Muslims with a view to inciting communal riot has been upheld by the Madras High Court.
A Division Bench of Justice P. Sathasivam and Justice S. Tamilvanan passed the order on a habeas corpus petition filed by Dhanakodi seeking to quash the detention of her son Saravanan alias Saravana Kumar.
According to the police, the detenu entered the Jumma Mosque on January 27, 2006 and attacked Peer Mohamed with a sharp-edged iron rod. Kaleel Rahman and Sadiq, who came to his rescue, too were attacked with a sharp weapon.
However, others in the vicinity nabbed Saravanan and recovered from him two knives, an iron-wire rope, chilli powder and hand-written papers containing messages promoting hatred between Hindus and Muslims. The Korattur police arrested Saravanan on a complaint from Abdul Rahman. The detenu also confessed to his offence. The detention order was passed as he had "indulged in activities disturbing public order and created an atmosphere leading to communal clash."
Investigations revealed that he had also planned to paste pamphlets in public places, the police said. It would "definitely lead to eruption of communal clash." Counsel for the petitioner, however, argued that the order should be quashed on the grounds of non-application of mind on the part of the detaining authority, improper exercise of the power by the Commissioner of Police, delay in confirming the detention order and the non-intimation of the Government's approval as well as the rejection of the detenu's subsequent representation.