The Madurai Bench of the Madras High Court has refused to set aside the detention order passed against a Sri Lankan national, a member of a suspected fundamentalist group. The members have a WhatsApp group by the name, ’Shahadat (martyrdom) is our goal.’
The court was hearing the petition filed by Mohamed Ribas who challenged the order passed against him in January 2020 by an Executive Magistrate under Section 122 (1)(b) of CrPC (Imprisonment in default of security). The order was passed by the Kilakarai Tahsildar after the petitioner was said to have violated the bond condition executed under Section 110 of CrPC, an undertaking that was given to maintain good behaviour for two years, in 2019.
While the petitioner contended that no show cause notice was issued on him nor was an inquiry conducted before passing the order, the State said the petitioner was frequently involved in criminal offences.
It was said that the petitioner had suppressed his nationality, obtained relevant documents and was enjoying benefits from the government. Therefore the order was passed for violating the bond that was executed.
Considering the serious nature of the offence and the extraordinary circumstances involved, Justice R. Tharani declined to set aside the order passed by the executive magistrate. The court dismissed the petition filed by the petitioner.
The court took cognisance of the fact that the petitioner, a habitual offender, had already been detained under the National Security Act. National security and sovereignty of the nation was far more important than anything else, the judge observed.
In a connected case, the court set aside a similar detention order passed against Sheik Dawood from Ramanathapuram, an associate of Mohamed Ribas, as he was not given a reasonable opportunity by the authorities. The duo had started the WhatsApp group.
However, considering the fact that he was a history-sheeter and taking into account the criminal antecedents, the court said the authorities were at liberty to take fresh action under Section 122 (1)(b) of CrPC, if so required.
