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Release Udhayanidhi Stalin today, orders HC; govt says he will get station bail
The court also directed the DMK leader to cooperate with the investigation and appear before the police as and when required
The Tamilaga Vettri Kazhagam (TVK) government on Tuesday told the Madras High Court that it had merely detained senior Dravida Munnetra Kazhagam (DMK) leader Udhayanidhi Stalin for questioning and that the latter will be released soon.
Stalin was taken into custody by the police this morning following an FIR against him over his alleged remarks on Tamil film actor Trisha Krishnan.
Tamil Nadu advocate general (AG) Vijay Narayan told a bench of Justice GK Ilanthiraiyan that the State had “no intention” of keeping Udhayanidhi in custody and that he had been detained only for questioning.
“He will be let out today itself on station bail. State only wants to protect the interest of women,” Narayan said.
Recording the government’s Justice Ilanthiraiyan directed the police to release Udhayanidhi “today itself” after his questioning.
The court also directed the DMK leader to cooperate with the investigation and appear before the police as and when required.
The court was hearing an urgent anticipatory bail petition moved by Udhayanidhi after the Thanjavur East police registered an FIR against him over remarks made during a Cauvery protest meeting in Thanjavur on Monday.
The anticipatory bail plea was mentioned for urgent hearing by senior counsel Hasan Mohammed Jinnah on Tuesday morning. Jinnah had sought protection against arrest, saying that there was an apprehension that the police could take coercive action a day before the commencement of the state assembly’s budget session.
Justice Ilanthiraiyan agreed to hear the matter once it was numbered and listed by the high court registry. Jinnah had at the time, also sought an interim direction restraining the police from arresting Udhayanidhi, and the judge had orally asked the government counsel to issue appropriate instructions to the police until the court examined the matter.
Justice Ilanthiraiyan also sought details of the case, including whether an FIR had been registered, the allegations levelled against the Leader of the Opposition and the penal provisions invoked.
However, in the meanwhile, Udhayanidhi had already been picked up from his residence by the police.
When Udhayanidhi’s anticipatory bail plea was taken up for hearing by Justice Ilanthiraiyan at 2.15pm, the advocates informed the court that Udhayanidhi had already been detained and was being taken to Thanjavur.
The AG then clarified that the State had no intention of seeking his remand and only wanted to question him.
Senior counsel NR Elango, who appeared for Udhayanidhi, argued that the court could still consider granting anticipatory bail until the petitioner was remanded to custody. Justice Ilanthiraiyan, however, observed that since the petition was one seeking pre-arrest bail, it would cease to be maintainable.
Udhayanidhi has been booked under multiple provisions of the Bharatiya Nyaya Sanhita, section 4 of the Tamil Nadu Prohibition of Harassment of Women Act and section 67 of the Information Technology Act over allegations of objectionable remarks concerning actor Trisha Krishnan and chief minister C Joseph Vijay during the rally.
The DMK has denied the allegation, maintaining that his remarks related only to the Cauvery issue.
