The Supreme Court on Monday issued notice to the Tamil Nadu government on a special leave petition filed by former DMK Minister K.N. Nehru and two others challenging their illegal detention for two days and seeking compensation for detention. A Bench of Justice Altamas Kabir and Justice S.S. Nijjar, after hearing senior counsel Amarendra Saran and counsel Amit Anand Tiwari, appearing for the petitioners sought the response of the State government in this regard.
The petitioners challenged the October 3 judgment of the Madurai Bench of the Madras High Court dismissing the habeas corpus petitions as infructuous. They said the impugned judgment was contrary to the fundamental rights guaranteed to the citizens under Article 22(2) of the Constitution. They assailed the judgment as bad in the eyes of law as the production of an accused within 24 hours before the Magistrate for the purpose of remand was mandatory and inevitable even in case of a person who was already in judicial custody and this fact had been ignored by the High Court. They said they had already suffered a lot following illegal detention and any further detention would seriously affect their rights, and prayed for quashing the impugned judgment and an interim stay of its operation.
The Bench, which had already stayed the judgment asking them to appear before the trial court in Tiruchi (in another petition filed by Mr. Nehru, his brother Ramajayam and M. Anbazhagan, former Deputy Mayor of Tiruchirapalli Corporation) directed it to be tagged with this petition.