Madras High Court today dismissed a Habeas Corpus Petition filed by an Indian National League(INL) leader seeking permission to meet terror suspect and Al Umma activist 'Police' Fakruddin detained in Vellore central jail.
The Division Bench comprising Justices S Rajeswaran and P N Prakash said the petitioner, Abdul Rahim - General Secretary of INL does not have any fundamental right to meet any prisoner. It noted that visitant's to the prison are governed by statutory rules framed by government.
"If there is any infraction of any rule then the same could be challenged by appropriate proceedings. Surely HCP Jurisdiction cannot be invoked in a case of this nature, where the prisoner is not in illegal detention. Therefore we hold the HCP is not maintainable and the same is dismissed," they said.
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'Police' Fakrudeen and his associates Bilal Malik and Panna Ismail were allegedly involved in more than six cases, including the one related to planting of a pipe bomb on the yatra route of BJP leader L K Advani near Madurai in 2011.
Malik and Ismail were arrested on October 5 in a joint operation by police forces of Tamil Nadu and Andhra Pradesh, while 'Police' Fakruddin was arrested in Chennai the previous day while allegedly trying to sabotage a religious procession.
Rahim had gone to the prison at Vellore on November 18 2013 to meet him but was refused permission by authorities on the ground that only blood relations would be permitted.
Aggrieved he filed the HCP.
The counter by prison officials said the detenu is in legal custody as per remand orders of Judicial Magistrate, Vellore and Rahim cannot seek to meet him or any similar relief by way of HCP.
It pointed out that the petitioner was not a relative and hence cannot file such an HCP. Only a close relative, friend or advocate was permitted to have it.
Rahim had not described the detenu as a friend, or for how long they knew each other. It was only for purpose of filing an HCP that he had mentioned Fakrudeen as friend, it said.
The counter further said Rahim had been in prison from 2001 to 2010 under TADA, and it is suspected that if he was allowed to see the prisoner it may lead to administrative problem and other related issues affecting Public Interest.
It said Fakruddin was involved in five murder cases and in the interest of administrative and Public interest, the privilege of interview was turned down by authorities.
The bench noted that a perusal of the records of prison authorities showed that several advocates had been allowed to meet Fakruddin. "In fact counsel of the record in this case has interviewed the detenu on several dates".
Hence HCP jurisdiction cannot be invoked in this case the bench said and dismissed the petition.
