Sunday, May 3, 2009

Seeman speech not unlawful: Madras HC

Madras High Court has quashed Tamil Film Director Seeman's detention under the NSA for allegedly speaking in favour of the banned LTTE at a public meeting in Palayamkottai holding that the speech did not attract the provisions of the Unlawful Assembly Prevention Act.

A Division Bench, comprising Justice Elipe Dharma Rao and Justice C T Selvam, quashed the detention orders on a Habeas Corpus Petition filed by S James Peter, brother of Seeman.

"Considering the facts and circumstances of the case we are of the view that mere delivery of a speech in a meeting would not tantamount to form unlawful activities and attract sec 13(1)(b) and 13(2) of the Unlawful Assembly Prevention Act and thereby affect the sovereignty of the country," the Bench said.

Moreover, there were no consequential unlawful activities in pursuance of the speech delivered by Seeman, the Bench held.

The petitioner had claimed that according to the Supreme Court if a person did not have any intention or design to further the activities of any terrorist organisation or indulge in terrorist acts it could not be termed as unlawful activities.

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