Non-compliance with constitutional requirement under Article 22(5).

P.K. Misra, J.

Heard the learned counsel appearing for the parties.

2. The order of detention under Section 3(3) of the National Security Act, 1980 (hereinafter referred to as `the Act) was passed by the Commissioner of Police, Greater Chennai on 112. 2006 and the same was executed on 112. 2006. The detention order indicates that such order was passed with a view to preventing the detenu Jaishankar from acting in any manner prejudicial to the maintenance of public order. The grounds of detention dated 112. 2006 were served on 20.12.2006. Such grounds indicate that the detenu and two other persons, namely, Tvl.Thanga Muthu.Krishnan and Ganapathi Ravi who belong to Hindu Makkal Katchi and Siva Sena political party were standing at the entrance of the Government Estate surrounded by about 25 members of public. Two persons, namely, Tvl.Srinivasan and Dayalan were proceeding in the opposite direction. Thiru Thanga.Muthukrishnan came out of the crowd and caught hold of the hand of Thiru Srinivasan by saying, (Both of you wait. Listen my words. Read this notice-English translation)

and also handed over pamphlets to both Tvl.Srinivasan and Dayalan. It is further stated that Tvl.Thanga.Muthukrishnan and Ganapathy Ravi issued such pamphlets also to others who are at the spot. It is further stated that the detenu addressed the gathering by saying, (Further Thiru Jaishankar addressed the gathering by saying "Periyar statue was installed in front of Srirangam Ranganathar Temple. Like this can the Dravidar Kazhagam install Periyar statue either in front of a Mosque or a Church; if such a statue was installed by D.K.activists, that Muslims and Christians joined together would break and destroy all the Periyar statue in Tamil Nadu and would also murder all the D.K.activists."-English translation) He further warned the State Government by saying, (He further warned the State Government by saying "The Government should not give permission to the Dravidar Kazhagam headed by Veeramani to hold conference on the coming 16th at Srirangam. If permission is granted we all should assemble there and indulge in violence and like Muslims throw stones at Sathan at Mecca during Huj pilgrimage and has Sabarimala devotees throw stones at Sathan in Sarankuthi (on the way to Sabarimala), we should throw stones at Periyar statue and that statue should be destroyed.-English translation).

Thereafter, Thiru Srinivasan lodged a complaint at D7, Government Estate Police Station, Chennai City against the detenu, Thanga.Muthukrishnan and Ganapathi Ravi enclosing the pamphlets requesting the police to take action. The Inspector of Police, D7, Government Estate police station registered Cr.No.120/2006 u/s 341, 153(A), 505 (1)(b) and (c) and 505(2) IPC and the Inspector of Police seized the pamphlets produced by the said Thiru Srinivasan and investigation was taken up by the Assistant Commissioner of Police. The Assistant Commissioner visited the spot and prepared rough sketch and observation mahazar and examined witnesses and recorded their statements. The detenu was arrested on 112. 2006 at 20.45 hours at Central Railway Station, Chennai and was examined. His confessional statement was recorded. At the time of arrest it was also found that the detenu was in possession of 10 sets of such pamphlets which was seized under cover of Mahazar. Further interrogation revealed that subsequent to the damage of the Periyar statue at Srirangam in front of the Sri Aranganathar temple, the detenu prepared pamphlets instigating the general public to indulge in acts of violence and stated, (can the Dravidar Kazhagam install Periyar statue either in front of a Mosque or a Church; if such a statue was installed by D.K.activists, that Muslims and Christians joined together would break and destroy all the Periyar statue in Tamil Nadu and would also murder all the D.K.activists.-English translation) and the detenu deliberately issued provocative statement with intention to create