Madras HC rejects HCPs on ‘illegal detention’ of two MLAs

Team Udayavani, Feb 16, 2017, 3:29 PM IST

Chennai: Madras High Court today dismissed the pleas to trace two AIADMK MLAs who were allegedly under “illegal” detention at a resort, where legislators supporting V K Sasikala have been staying.

“…We do not find any merit,” said the court which declined to entertain a suggestion to appoint an amicus curie to personally go and inspect the resort in Koovathur.

The division bench comprising justices M Jaichandren and T Mathivanan dismissed the two habeas corpus petitions seeking that MLAs Geetha and RT Ramachandran of Krishnarayapuram and Kunnam constituencies respectively be traced and set free.

“Having taken into consideration the relevant facts, we find that since the question of maintainability is hanging over the petition, we do not find any merit,” the bench said.

Referring to the Bar Council of India rules, it said, “Rule 9 contemplated that an advocate should not act or plead in any manner in which he himself is peculiarly interested and the Rule 18 mandated that an advocate shall not act at any time be a party to fomented litigants.

“Keeping in view of the fact, we are of the considered view that the petitions are devoid of any merit and is therefore deserved to be dismissed.”

The HCPs filed on February 9 alleged illegal detention of 130-odd ruling AIADMK MLAs after the Tamil Nadu government said the legislators were staying at the MLAs’ Hostel and were “free to move around”.

Earlier, the court had sought the state government’s response to allegations that AIADMK MLAs were being illegally detained in the resort and had reserved its orders.