: Madras High Court today directed the Tamil Nadu Government to reconsider its decision to detain T Maheswaran, who was allegedly in charge of LTTE's medical wing, in the special camp for Sri Lankan Tamils at Poonamallee and also to pass orders in this regard within two weeks.
Justice V Ramasubramaniam stated this when a petition filed by Maheswaran's wife came up for hearing today.
"The state government is directed to reconsider its decision as to whether the continued detention of the petitioner's husband in the special camp is necessary at all, especially when the petitioner wants to go back to Sri Lanka to settle affairs in response to the call made by the Government of Sri Lanka," the judge said.
"The state Government shall re-consider the matter and pass orders within a period of two weeks from the date of receipt of this order," the judge said,
The matter relates to the October 28 2013 rejection of the woman's representation by the Public Department (SC).
The woman submitted she and her husband hold Sri Lankan passports and had left the island nation in the midst of the civil war there and come to Chennai. Maheswaran used to visit the special camp to treat a paraplegic man.
She said her husband was detained on December 17, 2012 just two months after marriage.
The court had directed the government to dispose of the representation made by Maheswaran and his patient, requesting the authorities not to transfer them to Tiruchirapalli. But government rejected it on Oct 28 2013.
The government in its counter affidavit contended that Maheswaran was in charge of the medical wing of LTTE.As it has been declared a Terrorist Organization, government passed an order under section 3(2)(e) of Foreigners Act, to lodge Maheswaran and five others in the special camp.
The judge noted that the petitioner had raised two points -- that the Sri Lankan Government had issued an ultimatum for persons who had left Sri Lanka to come back and claim their properties within a stipulated time -- and secondly that they would lose the property once and for all if they do not redeem their properties in Sri Lanka, as mandated by the government.
The woman said it was for this reason she wanted to leave for Sri Lanka, but could not do so without her husband.
The Judge took note of the petitioner's query on why her husband could not be released when others in the camp were set free and sought to know why there was such a discrimination.
"According to Sri Lankan Government, LTTE has been wiped out. Therefore there need not be discrimination, especially when the petitioner wants to go back to Sri Lanka."
The judge noted that the man was detained on the basis of electronic materials like laptop, GRPS modem and USB cable found in his possession and the others, which are found in normal household and said he failed to understand how presence of the items indicated a mindset culpable of committing an offence.
