Chennai: In an order of far-reaching consequences, the Madras High Court today (Dec 19, 2003) directed that Tamil magazine editor and POTA (Prevention of Terrorism Act) detenu R R Gopal, be set at liberty, faulting the police with not providing any reasons for his arrest under IPC (Indian Penal Code) and POTA.

Allowing a habeas corpus petition filed by Gopal's brother Guruswamy, a Division Bench consisting of Justice P Shanmugam and Justice A K Rajan granted bail to Gopal and held that Article 22(1) of the Constitution in clear and categorical terms mandated that no arrested person shall be detained in custody without being informed of the grounds of such arrest as soon as possible.

"Failure to do so would make the order (detention) illegal and vitiate the action taken and give rise to the consequential rights of the detenu to get released by filing a writ petition or habeas corpus," the judges said.

Gopal, editor of Tamil biweekly 'Nakkeeran', was first arrested in April this year in connection with the murder of a police informant, allegedly by forest brigand Veerappan, and was subsequently charged under POTA for possession of arms.

PTI