http://www.dinakaran.com/daily/2005/Mar/30/general/GeneNews21.html
[Translation adapted from www.kanchi-sathya.org]

[Sri] Sundaresa Iyer, Appu - all 12 people should not be released from Goonda’s act: TN Government

Chennai, March 30: The Tamil Nadu Government has filed a counter petition in the Chennai High Court saying that 12 people including [Sri] Sundaresa Iyer and Appu should not be released from the Goonda's Preventive Act.

Sri Sundaresa Iyer and Appu are among the 12 people Tamil Nadu police have detained under the Goonda’s Preventive Act in the Shankararaman murder case. This order was prepared by the Kanchipuram District Collecter. All 12 people including Sri Sundaresa Iyer and Appu have filed a 'Habeas Corpus' petition in High Court to suspend this order, asking that Sundaresa Iyer and all 12 people be freed.

In his petition, Sri Sundaresa Iyer [says that] he has never been involved in any unlawful activity. It is wrong to imprison him under the Goonda's Preventive Act. Only when a person causes considerable disturbance to the public can the Goonda’s Act be invoked . The Government has imprisoned [him] under the Goonda's Preventive [Detention] Act solely for an ulterior motive, with vindictive intent. As such, he should be released from this detention.

This case came up for hearing in front of High court Judges Karpagavinayagam and C. Nagappan yesterday. At that time, Senior Prosecutor K. Duraisami, appearing on behalf of the Government, filed a counter petition. In this counter petition, the Prosecution says:

"Kanchipuram's Varadharaja Perumal temple manager Shankararaman was hacked to death. This murder occurred in broad daylight in a gruesome manner. Because of this alone, the public peace has been disturbed. It is only because of this that the 12 people including Sundaresa Iyer have been detailed under Goonda’s Preventive Act. Therefore, the order to detain them in prison should not be suspended and the petition should be dismissed. Sundaresa Iyer's detention under the Goonda's Preventive [Detention] Act is sustainable."

Thus reads the Prosecution's counter-petition.

When this case came up for hearing yesterday, Sri Sundaresa Iyer and other people were represented by senior advocates P. Kumar, I. Subramaniam, as well as Advocate Chandrasekar. Many others were present, including Bharathiya Janata Party lawyers Ramu Manohar and Aadi Kumaraguru. Yesterday, advocates I. Subramaniam and P. Kumar argued [for the petitioners].

The Government was represented by senior advocate K.T. Tulsi from Delhi. Advocate I. Subramaniam continues his arguments today [Wednesday, March 30th]. In this case, advocates Kandasamy, Jayprakash Narayanan and E. Raja appeared for the Prosecution.

* * *

UPDATE: Dinamalar reports that this hearing was adjourned by the Division Bench to April 16th.

http://www.dinakaran.com/daily/2005/Mar/30/general/GeneNews21.html
[Translation adapted from www.kanchi-sathya.org]

[Sri] Sundaresa Iyer, Appu - all 12 people should not be released from Goonda’s act: TN Government

Chennai, March 30: The Tamil Nadu Government has filed a counter petition in the Chennai High Court saying that 12 people including [Sri] Sundaresa Iyer and Appu should not be released from the Goonda's Preventive Act.

Sri Sundaresa Iyer and Appu are among the 12 people Tamil Nadu police have detained under the Goonda’s Preventive Act in the Shankararaman murder case. This order was prepared by the Kanchipuram District Collecter. All 12 people including Sri Sundaresa Iyer and Appu have filed a 'Habeas Corpus' petition in High Court to suspend this order, asking that Sundaresa Iyer and all 12 people be freed.

In his petition, Sri Sundaresa Iyer [says that] he has never been involved in any unlawful activity. It is wrong to imprison him under the Goonda's Preventive Act. Only when a person causes considerable disturbance to the public can the Goonda’s Act be invoked . The Government has imprisoned [him] under the Goonda's Preventive [Detention] Act solely for an ulterior motive, with vindictive intent. As such, he should be released from this detention.

This case came up for hearing in front of High court Judges Karpagavinayagam and C. Nagappan yesterday. At that time, Senior Prosecutor K. Duraisami, appearing on behalf of the Government, filed a counter petition. In this counter petition, the Prosecution says:

"Kanchipuram's Varadharaja Perumal temple manager Shankararaman was hacked to death. This murder occurred in broad daylight in a gruesome manner. Because of this alone, the public peace has been disturbed. It is only because of this that the 12 people including Sundaresa Iyer have been detailed under Goonda’s Preventive Act. Therefore, the order to detain them in prison should not be suspended and the petition should be dismissed. Sundaresa Iyer's detention under the Goonda's Preventive [Detention] Act is sustainable."

Thus reads the Prosecution's counter-petition.

When this case came up for hearing yesterday, Sri Sundaresa Iyer and other people were represented by senior advocates P. Kumar, I. Subramaniam, as well as Advocate Chandrasekar. Many others were present, including Bharathiya Janata Party lawyers Ramu Manohar and Aadi Kumaraguru. Yesterday, advocates I. Subramaniam and P. Kumar argued [for the petitioners].

The Government was represented by senior advocate K.T. Tulsi from Delhi. Advocate I. Subramaniam continues his arguments today [Wednesday, March 30th]. In this case, advocates Kandasamy, Jayprakash Narayanan and E. Raja appeared for the Prosecution.

* * *

UPDATE: Dinamalar reports that this hearing was adjourned by the Division Bench to April 16th.