Orders reserved in missing MLAs case

The division bench comprising Justice M Jaichandran and Justice T Mathivanan reserved orders after the State Public Prosecutor (PP) R Rajarathinam informed the court that the police and revenue officials have obtained handwritten statements from 119 MLAs including the two ‘missing’ MLAs that they were presently staying at a resort in Koovathur on their own will. The PP also submitted in a sealed cover, the handwritten letters of the two MLAs stated to be missing as per the petitions.

While advocate Preetha appearing party-in-person sought for a direction to produce her cousin Geetha, MLA, Krishnarayapuram constituency before the court and set her at liberty, Elavarasan, a voter from Kumman Constituency sought a direction to the police to produce MLA R T Ramachandran of his constituency and set him at liberty. 

Earlier, when the hearing in the case commenced, the PP filed the status report signed by the Superintendent of Police, Kancheepuram, that a police team comprising 11 members and two revenue officials in the rank of Thasildar visited both the Golden Bay Resort and the Village Retreat Resort on Saturday.

At the Golden Bay Resort, the team met 100 MLAs available there and subsequently 19 MLAs at the Village Retreat Resort and on enquiry it was found that they have not been detained illegally by anyone and they are moving freely without any restraint. The staff of both the resorts were enquired and they also revealed that the MLAs are being taken good care of, the report said.

‘PP not sure of where to take instructions’ 

While the bench took stock of the police report, advocate K Balu appearing for Elavarasan contended that while the PP had retracted on the earlier statement to the court that they were staying in the MLAs hostel, there were chances that the present report could also be withdrawn. He also pointed out that the acting Chief Minister has expressed apprehension in being able to visit the resort. However, the bench pointed out that the scope of their hearing merely confined to the HCPs and based on that they have been offered with two handwritten letters from the said persons that they are staying in their resort at the own volition. The bench once again suggested that if the cause was about the 130 MLAs, they ought to have moved a public interest litigation. But, Balu insisted that the MLAs are bound to be in duress and it was important that a retired judge or an amicus was appointed to visit the resort and submit a report since the MLAs ought to be at their constituencies and caged in a resort for days at a stretch. 

When the bench sought the PP for his suggestion of appointing an amicus curie, he had the court in peals of laughter when he said he must obtain instructions, but he wasn’t sure from where since there remained two groups in the AIADMK.

However, the PP hastened to add that he was opposing the suggestion of appointing an amicus since the court should find fault with the police report at the first place which meant suspecting the police.