The Hindu : Tamil Nadu / Chennai News : DMK councillor moves High Court

Online edition of India's National Newspaper
Wednesday, Feb 01, 2006

Tamil Nadu

Tamil Nadu - Chennai

DMK councillor moves High Court

Special Correspondent

K. Dhanasekaran challenges his detention `Detaining authority, facing enquiry, cannot pass the order of detention'

CHENNAI : The DMK councillor, K. Dhanasekaran, who was arrested on December 20 for the stampede deaths in Chennai, and was subsequently detained under the Goondas Act, has moved the Madras High Court challenging his detention.

Among other grounds, he said the Greater Chennai Commissioner of Police, whose force failed to regulate the crowd on December 18, had passed the detention orders. "The detaining authority who is none other than the Commissioner is also facing enquiry and he cannot pass the order of detention against me," Mr. Dhanasekaran said.

In this regard he pointed out that the commission of inquiry probing the stampede had been asked to go into the causes and circumstances under which the tragedy occurred. As per the terms of reference to the commission, the cause of the stampede is not yet known, he said.

He further said the Supreme Court too had observed on January 27 that the tragedy happened due to the "sheer negligence of officers." Reiterating his submission that he had been arrested and then detained under the Goondas Act only to shift the focus of enquiry and to shield the "delinquent police officials," Mr. Dhanasekaran said it was a bid to "cover up the police department's inefficient and careless handling of the situation".

"The order of detention is liable to be quashed on this ground alone," he submitted.

Charging the detaining authority with bias and non-application of mind, the councillor said he was detained under the Goondas Act as it became clear that the High Court would not cancel the order of bail passed by a Sessions Court.

"If this swiftness was shown in controlling the crowd on December 18, 2005 the police could have saved 42 precious lives of our brothers and sisters," he said.

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