Seeman was first detained under the NSA on February 27, 2009 for his hate speech' delivered at Palayamkottai. On April 18, 2009, an HC bench comprising Justice Elipe Dharma Rao and Justice CT Selvam quashed the detention, stating that mere speech would not amount to an unlawful activity warranting preventive detention.
Seeman was again arrested here on July 16 for allegedly threatening to target Sinhalese students studying in Tamil Nadu if any more Tamil fishermen were harmed by the Sri Lankan navy in the high seas. Accusing him of indulging in violence and delivering inflammatory speech, the government detained him under the NSA.
Seeman's brother S James Peter filed a habeas corpus petition in the high court questioning his preventive detention. The bench, which was hearing the petition, granted 13 adjournments in four months and did not pass any orders. Expressing dissatisfaction, a memorandum was filed with Chief Justice M Yusuf Eqbal seeking transfer of the matter to another bench. Earlier this week, the matter was transferred to a bench comprising Justice Elipe Dharma Rao and Justice D Hariparanthaman.
When the matter was taken up on Thursday, the government side sought an adjournment on the ground that the advocate-general was not immediately available to advance arguments. The bench agreed to pass over the matter, facilitating advocate-general PS Raman to make his submissions. The bench then quashed the detention of Seeman under the NSA on the ground that the order had been passed by an officer who was merely an police commissioner-in-charge. Noting that the Chennai additional commissioner of police could not function under the provisions of the NSA and pass detention orders, the judges set aside the order and directed the authorities to release Seeman from judicial custody if he was not required for some other case.
The additional commissioner of police invoked the NSA and ordered the preventive detention of Seeman as commissioner T Rajendran was abroad for training.
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