Amid allegations that MLAs supporting V K Sasikala were being kept in illegal detention, the Madras High Court was today informed that 119 MLAs have given in writing they were staying on their "own volition".
A team, comprising one ADSP, four inspectors, as many sub-inspectors and two tehsildars, had gone to the resort on February 11 and given a questionnaire to 119 MLAs, Public Prosecutor Rajarathinam said.
They filled up the questionnaire stating they were staying in the resort "on their own volition", the PP said.
When Sasikala met reporters yesterday, the MLAs were also present and they would have informed the media, if they were in illegal custody, he said.
The PP was making his submissions during arguments on two habeas corpus pleas relating to alleged illegal detention of two MLAs- T Ramachandran and Geetha- at the resort where legislators supporting AIADMK general secretary Sasikala are housed.
Sasikala had yesterday claimed the support of 129 MLAs. In the 234 state assembly, AIADMK has 134 members.
A division bench of justices M Jaichandren and T Mathivanan, before which the pleas came up, reserved orders.
Producing the statement from the two MLAs recorded in the presence of the tehsildars, Rajarathinam submitted that they had given statement that they were free and safe and on their own volition they were staying at the resort.
After hearing arguments of Rajarathinam and K Balu, counsel for Ramachandran, the bench reserved orders on the HCPs seeking to trace and set at liberty Ramachandran and Geetha.
During arguments, the PP submitted in the court the statements of the two MLAs in their own handwriting, stating that they have not been illegally detained.
Balu submitted that the only legal remedy in HCP is that the person, who is illegally detained, has to be ordered to be produced in person before the court and mere statements cannot be taken into account by the court.
Raising objections, the PP said it was only on the counsel's suggestion the Superintendent of Police at Kancheepuram had set up a team, comprising police and other officials, to inspect the resort and record their statements.
The PP submitted that statements of not only the two MLAs but also those of another 119 MLAs were also recorded. The team had presented a questionnaire to the MLAs and requested them to fill it on their own.
"We have also those statements but as the HCPs is confined to only these two MLAs, I am submitting their statements. We are ready to submit the other statements, if the court directs," he said.
Objecting to the counsel's contention, the PP said the
counsel is now raising objections, saying he wants appointment of an amicus curiae or a district judge to personally go and inspect the resort and file a report.
The public prosecutor wanted to know from whom he has to get instructions on the matter.
The bench said, "The government is there, the government is functioning. Then how can you say from whom you have to get instructions?"
On February 10, a division bench had sought the state government's response to allegations that AIADMK MLAs were being illegally detained at the resort and 20 of them were on a fast.
Yesterday, while addressing the MLAs at the resort, which she visited for the second time in two days, Sasikala had said, "You 129 MLAs are like an ocean. None can contain it by building a check dam. No efforts will destabilise this government. None can hurt us and there is no need to fear."
Dismissing allegations that they have been held "hostage" at the resort, Sasikala, who is locked in a power tussle with Chief Minister Panneerselvam, had said the MLAs were staying on their own accord and that they were "free".
On the other hand, Panneerselvam had said the legislators should be released from the resort and allowed to meet the people in their respective constituencies.
Meanwhile, an HCP seeking to trace Srivilliputhur MLA Chandra Prabha was filed in the Madurai Bench of the high court today.
Petitioner T Aanazhagan, son of former local MLA late R Tamaraikani, alleged that Prabha was under illegal detention by Sasikala and he was unable to contact her.
He submitted that he had already lodged a complaint with the Srivilliputhur police in this regard.
The petition is likely to come up for hearing on February 15.
