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2016 Supreme(Mad) 3036

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.NAGAMUTHU, V.BHARATHIDASAN, JJ.
Shyna @ Shyni @ Shoba @ Rajee – Petitioners
Versus
The Secretary, Government of India, Ministry of Home Affairs, and Ors. – Respondents
Habeas Corpus Petition Nos.2268 to 2271 and 2337 of 2015
Decided On : 21-09-2016

Advocates Appeared:
For the Petitioner: Mr. R. Sankarasubbu
For the Respondent: Mr. S. Arociam, SCGSC, Mr. S. Shanmughavelayutham Assisted by Ms. P. Kritika

Headnote:

National Security Act, 1980 - Section 3 (3) – Indian Penal Code, 1860 - Sections 120-B r/w 124-A - Unlawful Activities (Prevention) Act, 1967 - Section 35 – Criminal Trial - Criminal Conspiracy and conspiring for sedition - Communist Party of India - Underground activities of CPI (Maoist) - Detention orders – Appeal against - Police party and Village Administrative Officer took cover under guise of customers of aforesaid bakery, sat around five persons, who according to respondents, belong to Communist Party of India (Maoist) - They over heard conversation held among five Maoists - From their conversation it came to light that they were conspiring for sedition by recruiting youth from Tamilnadu, Kerala and Karnataka to strengthen armed squad of Communist Party of India (Maoist) in tri-junction area of Tamilnadu, Kerala and Karnataka States and collection of funds for furthering their terrorist activities - Held, There was no subjective satisfaction in respect of impelling necessity to detain detenues under National Security Act-Learned counsel would make reliance on judgments of Honble Supreme Court in Khudiram Das v. State of West Bengal, (1975) 2 SCC 81 and Icchu Devi Choraria v. Union of India, (1980) 4 SCC 531 and various other judgments to substantiate said contention-Regarding said legal position, court have got no doubt – But Court have already dealt with elaborately, materials placed by sponsoring authority have been clearly scrutinized by detaining authority which is reflected in detention orders themselves and only after having fullest satisfaction that there was impelling necessity to detain these detenues under National Security Act, detaining authority has passed orders of detention - Court do not find any valid ground to interfere with impugned orders of detention – Hence detention orders under challenge are perfectly valid in law which do not require any interference at hands of this court - Habeas Corpus Petitions dismissed.

ORDER :

S. NAGAMUTHU, J.

In all these Habeas Corpus Petitions, the preventive detention orders passed under sub-section (3) of Section 3 of The National Security Act, 1980 [Central Act 65 of 1980], by the 3rd respondent are under challenge.

2.0. The circumstances under which these detention orders came to be issued by the 3rd respondent are, in brief, as follows:-

2.1. On 04.05.2015 at about 03.00 p.m. one Mr.P.Chandra Mohan, the Inspector of Police, Q Branch CID, Coimbatore District, allegedly received a reliable information from an informant and based on the said information, he rushed to a bakery shop known as, "R.C. Bakery Shop" at Annur Road, Karumathampatti along with follow police personnel and the Village Administrative Officer of Karumathampatti. They reached the said shop, at 03.45 p.m. In the shop, one Shyna @ Shyni @ Shoba @ Rajee [petitioner in H.C.P.No.2268 of 2015] and her four associates (1) Roopesh @ Prasanth @ Praveen @ Prakash @ Ruban @ Kariyan [petitioner in HCP No.2271 of 2015], aged 45 years, S/o.Ramachandran, (2) Kannan @ Senthil @ Kumar @ Minnal, [petitioner in HCP No.2269 of 2015] aged 46 years, Son of Sankaran; (3) Veeramani @ Natraj @ Sunilkumar @ Sara @ Eswar @ Vajramani @ Riswan [petitioner in HCP No.2270 of 2015], aged 60 years, Son of Chinnapillai and (4) Anup Mathew George [petitioner in HCP No.2337 of 2015], aged 32 years Son of George were sitting inside.

2.2. The police party and the Village Administrative Officer of Karumathampatti took cover under the guise of customers of the aforesaid bakery, sat around the five persons, who according to the respondents, belong to Communist Party of India (Maoist). They over heard the conversation held among the five maoists. From their conversation it came to light that they were conspiring for sedition by recruiting youth from Tamilnadu, Kerala and Karnataka to strengthen the armed squad of Communist Party of India (Maoist) in the tri-junction area of Tamilnadu, Kerala and Karnataka States and collection of funds for furthering their terrorist activities. The above said Inspector of Police with the assistance of the police party arrested all the above five persons at 04.30 p.m. since according to the Inspector of Police, they had committed crimes. At the time of arrest, they raised slogans in vernacular Tamil language which means in English "Up up Maoism, down down police atrocities! Success for people's war! Success for armed struggle against the Government! Armed struggle alone is the only way-out for the people's power!". The Inspector of Police with the help of the other police men brought them to Q Branch CID, Office at Coimbatore, with their belongings at 05.00 p.m. At the police station, search was conducted on the detenues. From them, cell phones, pamphlets, letters, incriminating materials and documents from each detenu(e) were recovered under individual mahazar. A cash of Rs.20,000/- was also recovered from Shyna @ Shyni @ Shoba @ Rajee and cash of Rs.16,500/- was recovered from the other detenus.

2.3. In connection with the above occurrence, a case was registered in Crime No.1 of 2015 under Sections 120-B r/w 124-A of IPC and Section 20 of the Unlawful Activities (Prevention) Act, 1967. During the course of investigation, these accused made voluntary confessions individually admitting their involvement in the crime. The investigation revealed that the detenue Shyna @ Shyni @ Shoba @ Rajee and Anup Mathew George are the members of Kerala State Committee of CPI (Maoist) and they were assisting in the activities of Western Ghats Special Zonal Committee of CPI (Maoist) and the others namely, Roopesh @ Prasanth @ Praveen @ Prakash @ Ruban @ Kariyan, Kannan @ Senthil @ Kumar @ Minnal, Veeramani @ Natraj @ Sunilkumar @ Sara @ Eswar @ Vajramani @ Riswan are the members of Western Ghats Special Zonal Committee representing Kerala, Tamil Nadu and Karna









































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