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HC admits habeas corpus plea for Gopal release

By Our Staff Reporter

CHENNAI AUG. 27. The Madras High Court has admitted a habeas corpus petition for the release of the Nakkheeran Editor, R.R. Gopal, who is facing charges under the provisions of the Prevention of Terrorism Act and has been custody since April 11.

A division bench, comprising Justice V.S. Sirpurkar and Justice P.D. Dinakaran, admitted the plea from Mr. Gopal's brother, R. Gurusamy, and ordered notice to the CB-CID, returnable in a week.

When the matter came up for hearing today, senior counsel for the petitioner, R. Shanmugasundaram, submitted that the "failure on the part of the prosecution to give specific reasons for the continued detention of Mr. Gopal even after the lapse of 90 days" had given sufficient grounds for his immediate release.

Mr. Gurusamy also stated that after the expiry of 90 days from April 11, the special judge ought to have passed an order of bail and communicated it to Mr. Gopal. Pointing out that only an interim report indicating the progress of the investigation had been filed by the prosecution so far, he said, "the prosecution has not filed any report indicating specific reasons for the detention of Mr. Gopal beyond the period of 90 days." Under the circumstances, the special court order extending the period of Mr. Gopal's judicial custody after July 9 was "illegal and violative of fundamental rights".

He prayed for the declaration of the detention of Mr. Gopal as illegal, and sought a direction to the CB-CID to release him forthwith.

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