"Prima Facie Unlawful": Madras High Court Directs Release Of Lawyers, Law Students Detained During Sanitation Workers Protest

The Madras High Court on Thursday (August 14) directed the release of four lawyers and two law students who were detained by the police at midnight in connection with the Greater Chennai Corporation sanitation workers protest. "In the light of our above observations, we are of the prima facie view that the detention of 4 Lawyers and 2 Law Students by the Police may be unlawful. It is also brought to our notice that all the arrested persons have not been produced before the concerned Magistrate's Court for remand. Accordingly, the respondents are directed to forthwith release the detenues, namely K.Bharathi, K.Suresh, Mohan Babu, R.Raj Kumar, Muthuselvan and Valarmathi, on condition that the petitioner herein or the aforesaid 6 persons shall not give any press interviews or statements or post anything in the social medias with regard to the issue in hand, till the next date of hearing," the court said. A division bench of Justice MS Ramesh and Justice V Lakshminarayanan passed the interim orders in a habeas corpus petition against the detention of lawyers and law students who joined the protest yesterday. Incidentally, on Wednesday a coordinate bench had directed the State to take action to remove the Greater Chennai Corporation sanitation workers who have been protesting at the Rippon Building for almost 12 days demanding a reversal of the Corporation's decision to privatise solid waste management in some zones.During the hearing today the petitioner's counsel argued, "Till yesterday, there was no problem. It was like jallikattu protest. People came and went. People of Tamil Nadu have a heart of gold. Two women, you may call them maoists, naxalites. But they are entitled to protection as per law. Let everything go as per procedure accomplished by rule of law. They have been beaten black and blue". Meanwhile Additional Advocate General J Ravindran appearing for the State said that yesterday he had made a request before the coordinate bench that the protestors must disburse peacefully however he said that the advocates and law students, who assembled with the sanitation workers refused to comply with the High Court's order. Ravindran also pointed out that the question of illegal detention would come up only if an individual had been detained/arrested illegally for over 24 hours. In the present case, he submitted that the protestors had been kept in various marriage halls and that they would be allowed to leave after enquiry. "After order copy was out, we expected them to disburse peacefully. We'll show video of how speeches were made. By advocates, saying they won't respect the court order. Around 11: 30-12, they were removed. As per my understanding of criminal law, question of illegal detention comes after 24 hours, if I don't arrest them or detain them.Whatever we're supposed to do as per law after arrest, we're doing," he said.AAG Ravindran informed that 6 law students and lawyers have been formally arrested and "their arrests have been duly informed as per law". At this stage the court asked, "So you're detaining the others without arrest?"To this Ravindran said, "Except those not arrested, enquiry is being conducted and they'll be let off after that. Therefore, the question of illegal detention does not arise. Assuming they content that arrest is unfair, that has to be agitated in separate proceedings. If any decision has been taken, all intimation and other procedures will be done as per law". Meanwhile the Counsel for Petitioner questioned the need to arrest the lawyers and law students. Ravindran submitted that women inspectors were attacked, corporation workers were attacked and buses were ransacked."After a certain point, State can't remain a mute spectator," he said. The court however asked, "They're law students, lawyer. What was the necessity to arrest them? What did they do that you had to arrest them in the night?"To which Ravindran said that a lawyer should behave in a professionally ethical manner. He further said, "I'll show videos. Buses vandalised. Women police officers attacked. What's the duty of an advocate at 11.30pm? We requested them to disburse".Ravindran also informed the bench that some 2-3 hours ago all the other persons who were detained have been let go after inquiry. He further said that the stage of admission, an opinion can't be made by the court as there are no materials. He thus sought some time. The court however remarked: "We're not saying it's an illegal arrest. We're saying it's illegal detention". To this the AAG asked the court to consider the entire scenario.On the court's query regarding the status since the past 10 days Ravindran said that talks were going on and then the PIL was filed and wherein orders were passed yesterday. The court asked the State not to "precipitate the matter"To which Ravindran said, "Ultimately it's in your lordships hand. You might see me from State's perspective. What I would say is that, we literally begged them. They were adamant....

"Prima Facie Unlawful": Madras High Court Directs Release Of Lawyers, Law Students Detained During Sanitation Workers Protest

Upasana Sajeev

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