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Madras high court insists on MLA's release

A division bench of the Madras high court today again instructed the state authorities to release All-India Anna Dravida Munnetra Kazhagam legislator R Thamaraikani forthwith.

The bench comprising Justice T Jayarama Chouta and Justice S Thangaraj had yesterday suspended the warrant issued by Tamil Nadu Assembly Speaker P T R Palanivel Rajan detaining Thamaraikani for seven days.

The bench had given the order on a habeas corpus petition filed by AIADMK Rajya Sabha member O S Manian to immediately release Thamaraikani even as the assembly adopted a unanimous resolution sentencing him to 15 days' simple imprisonment.

Today, Thamaraikani's counsel informed the court that the authorities had not complied with the court order and sought permission to move a contempt application in this regard.

The bench granted permission and the petition is likely to come up for hearing this afternoon.

On behalf of the state government, Additional Advocate General Rajagopal clarified that the assembly had adopted a unanimous resolution yesterday sentencing Thamaraikani to 15 days' imprisonment, which superseded the speaker's warrant.

He submitted that the fresh order was sent to the central prison authorities. Later, in the evening, the high court order directing Thamaraikani's release was also sent to the prison superintendent, he added.

The additional advocate general further submitted that since the resolution had superseded the warrant, Thamaraikani was not released.

At this juncture, Justice Jayarama Chouta intervened and said Thamaraikani was sent to jail only by the earlier order, which the court had suspended. So the court's order should be complied with and Thamaraikani should be released today, he ordered.

UNI

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