Madras High Court orders release of lawyers detained for protesting move to privatise sanitation services

The Madras High Court on Thursday ordered the release of six persons, including four lawyers and two law students, who were detained last night by the Tamil Nadu police amid protests against the Greater Chennai Corporation's move to privatize conservancy services in two zones in Chennai..A Bench of Justices MS Ramesh and V Lakshminarayanan passed the order in a habeas corpus petition. "We are of the prima facie view that the detention of 4 Lawyers and 2 Law Students by the Police may be unlawful. It is also brought to our notice that all the arrested persons have not been produced before the concerned Magistrate's Court for remand," the bench said in the order. However, the Court imposed strict conditions for the release, including that these lawyers and law students must not give any media interviews or post anything on the social media till August 21, the next date of hearing.In the interim order, the Court noted that the police had arrested 930 persons, including the six persons for whom the habeas corpus plea was filed. It also found that the glass doors of the buses, which displayed a board stating 'MTC Police' were damaged.However, the Court also noted that the protestors had already been arrested when the buses were damaged."On a prima facie view, the persons accused of having caused rioting were arrested and confined inside the buses. In other words, the Police appear to have already arrested the accused and the damage to the buses seems to have happened later," it said..The Court was hearing a habeas corpus petition filed after hundreds of sanitation workers and others protesting the move to privatize sanitation services in two zones of Chennai, were detained late last night. Another Bench of the High Court had reportedly directed the protesters move to another protest site. The State claimed that the protesters, including lawyers, refused to budge despite requests to comply with the Court order to disperse from the protest site near the Ripon Building where the Greater Chennai Corporation is headquartered. This led the police to forcefully move protestors and shift them to mandapams (marriage halls). .The matter was mentioned on an urgent basis this morning before Justices Ramesh and Lakshminarayanan, who agreed to hear the case in the afternoon. When it was taken up in the afternoon, the Court initially questioned whether it was appropriate for the Bench to hear the matter since the brother of one of the judges had recently appeared in a related public interest litigation (PIL) matter. After all lawyers present assured that they had no objection, the Bench heard the case. .Representing the petitioner, advocate M Radhakrishnan decried last night's detentions as illegal. He claimed that the lawyers who were arrested were beaten black and blue. He demanded their immediate release. "What is the necessity for arresting at midnight? ... (The protest) was like Jallikkattu (protests), people from Tamil Nadu, people across political spectrum came to protest, it was peaceful ... Two women, you can call them Naxalites or Maoists or whatever you want - but they are entitled (to protection under law), they were beaten black and blue," Radhakrishnan said. .The State, represented by Additional Advocate General J Ravindran, denied allegations that people were illegally detained. He said that the State had acted in accordance with law to shift protestors, after they refused to comply with court orders to shift to another protest site. He alleged that buses were ransacked, and police constables and State officials including women were attacked during the protests. The State could not have been expected to remain a mute spectator, he added.He argued that the protestors were detained only after they refused to heed to the fervent requests by the State officials to comply with the court's earlier directives to shift from the Rippon Building protest site. "Officials literally begged them to disperse ... Our sympathies and solidarities are with (sanitation workers). But may kindly consider, if Lordships intervene at this point of time, it will be setting a very bad precedent," he said. He added that the majority of those detained, including several law students, have since been released - except for six persons who were accused of playing a serious role in the illegal activities.He said they have been placed under arrest. He urged the Court not to pass any orders releasing them until the State is able to produce the material based on which they have been arrested. This material could be placed by Monday (August 18), he added. However, if the Court insisted on ordering their interim release, the AAG requested that the released persons be restrained from giving media interviews or making statements on social media for now. .[Read Live Coverage].[Read Order]