M.NIRMAL KUMAR, J.

1. The petitioner is the father of Thirumurugan Gandhi, who has been detained in Central Prison, Vellore as per the remand order dated 10.08.2018, passed by the learned XVIIII Metropolitan Magistrate, Saidapet, Chennai-600 015 in Cr.No.440 of 2017 has filed this Writ of Habeas Corpus, to call for the records in Cr.No.440 of 2017 and consequently direct the respondents to produce the body of the detenu before this Court and set him at liberty.

2. The learned Senior Counsel appearing for the petitioner submits that the son of the petitioner namely Thirumurugan Gandhi is an ardent activist and the founder of May 17 Movement established in the remembrance of Tamils, who lost their life on that day in 2009. Further, the detenu advocates for the self-determination for Tamils, Palestinians, Kurds, Kashmiris, Sahrawis and Sikhs. He regularly lobbies the diplomatic community on behalf of these groups, as well as on behalf of indigenous peoples and communities that alleged to have been subjected to war crimes.

3. Further, the detenu fights for the right to life of migrant workers, the right of farmers to water and the rights of workers, refugees, persons with disabilities, persons belongs to linguistic and religious minorities and transgender persons and he has been actively participated in protesting against the World Trade Organization's rules concerning public distribution systems, privatization of electricity, projects that could be potentially detrimental to the environment, such as hydraulic fracturing, and building nuclear reactors in densely populated areas. He is a supporter of protests against the use of nuclear power plants and has led such protests in Kudankulam since 2012.

4. The detenu is actively participated and supported the protest in Thoothukudi against the Sterlite factory and he had also condemned the firing by the Police on 22.05.2018 against the innocent protesters. Being the founder of May 17 Movement, he has been propagating for the cause of the needy persons, for which he had come on adverse notice of the Government and he had been facing several prosecutions and he was also detained under Goondas Act on 21.05.2017, which later came to be quashed by this Court in H.C.P.No.1131 of 2017 by order dated 19.09.2017.

5. After the release from the detention on 20.09.2017, the detenu had come out and started a rally from Puzhal along with the members of May 17 Movement and assembled near Llyods Road to garland the statue of Thanthai Periyar, which caused inconvenience to the public by causing obstruction, which became a threat to law and order. For which the Inspector of Police, E2 Royapettah Police Station had registered a First Information Report (FIR) on 21.09.2017 in Cr.No.440 of 2017 for the offences under Sections 143, 188, 353 of the Indian Penal Code.

6. In the meanwhile, the detenu had addressed the United Nations General Assembly on Human Rights Council and the said speech was delivered on 25.06.2018 at Geneva (UN) about the Tuticorin firing, which was translated and posted in Face Book page social media related to May 17 Movement and spread it virally with an intention to cause riots and fear among public. Against which a case was registered by the CCB, Cyber Crime Cell in Cr.No.274 of 2018 for the offences under Sections 153, 505(1)(b) and 505(1)(c) of the Indian Penal Code and a Lookout Circular was issued by the CCB Police.

7. On 09.08.2018, the detenu was detained by the Airport Police on his arrival at Bengaluru Airport, based on the Lookout Circular generated by the CCB, thereafter, produced the detenu before the Civil Judge, JFMC Court, Devanahalli, Bengaluru for Transit Warrant. Thereafter, the detenue was produced before the XI Metropolitan Magistrate, Saidapet, Chennai-600 015 on 10.08.2018, by a detailed order quoting the Judgment of this Court reported as Elumalai Vs. State of Tamil Nadu, (1983) LW(Cri) 121; G.K.Moopanar, M.L.A. & others Vs. State of Tamil Nadu, (1990) CriLJ