Madras High Court stays police custody of Kovan
Public prosecutor submitted that that till now, there is no material to support the allegation of naxal link
Chennai: The Madras high court has set aside an order of the Chief metropolitan magistrate sending Tamil folk singer Kovan to police custody. Justice C.T. Selvam before whom a petition filed by Kovan came up during a special sitting on Saturday, said no doubt the custody of the petitioner at the hands of the police stands erroneously permitted. Consequently, the police shall immediately take steps towards placing the petitioner in proper custody.
The judge said “perusal of the paper reveals that in permitting the custody of the petitioner for a period of two days, the primary concern of the CMM had been the need to probe the involvement/link of Kovan with naxals.
The allegation had been considered seriously by the CMM and propelled him to permit custody in the hands of the police.”
The judge said the contention of police before the court below inter alia has been that the role of the petitioner in People’s Art and Literary Association (PALA-Makkal Kalai Ilakkkiya Kazhagam) needed to be ascertained. Police also alleged that Kovan habitually indulged in offences against the State and involved in two other cases, wherein he was absconding. It is not in dispute that PALA is not a banned organisation.
The public prosecutor submitted that that till now, there is no material to support the allegation of naxal link. Section 66 (A) no longer existed on statute. “We need not express our views on the applicability of the offences alleged under sections 124 (a), 153, 505 (1) (b) (c) IPC.” In the FIR, police alleges that Kovan committed an offence including one under section 66 (A) Information Technology Act, a provision that no longer exists on statute. In March this year, the Supreme Court struck down section 66 (A) holding it was unconstitutional. However, seven months later, CCB registered a case against Kovan including the section.
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