CHENNAI, DEC 4: The Madras High Court has directed the Tamil Nadu government not to effect indiscriminate arrests under the guise of preventive arrests, in connection with the observance of Babri-Masjid Demolition Day on Dec 6.A division Bench comprising Justice Shivraj Patil and Justice K P Sivasubramaniam gave the direction today while passing orders on a petition from S M Pasha, general secretary of the State unit of the Samajwadi Party, complaining that indiscriminate arrests were being made in the name of preventive arrests. He contended that about 20,000 persons were arrested all over the State and in most of the cases, the guidelines of the Supreme Court and the Madras High Court were not followed.Public Prosecutor R Shanmugasundaram told the Bench that only about 6,600 persons were taken into preventive custody and of them only 1,600 belonged to Muslim community or fundamentalist groups. Sufficient safeguards are being taken while making the arrests. The arrested persons were produced before themagistrates concerned within 24 hours and remanded to custody, he said adding that there will not be any indiscriminate arrests.The Bench observed that in the name of maintaining law and order, there shall not be any police excesses. It directed the public prosecutor to file an affidavit giving details about the number of persons arrested and other relevant particulars. Asking the petitioner to bring to the notice of the court of specific instances of police excess, if any, the bench adjourned the matter for two weeks.Meanwhile, Justice Akbar Basha Khadiri has ordered notice to the prosecution on a similar writ petition from Jawaharulla, president of the Tamil Nadu Muslim Munnetra Kazhagam (TMMK) for a direction to ensure the release of all those arrested as a preventive measure. No persons should be detained without following the due process of law, he submitted.
