Chennai, Sep 21 (UNI) A Magistrate court today dimissed a petition filed by Nepal Maoist leader Chandraprakash Gajurel, seeking to release him.
Chief Metropolitan Magistrate Ayyasamy dismissed the petition stating that a Habeas Corpus petition, seeking to produce Gajurel before the court and set him at liberty, was pending before Madras High court and the petitioner could seek relief there.
Madras High Court, while adjourning further hearing in the Habeas Corpus petition to September 22, had made it clear that it was open for the Magistrate court to consider Gajurel's plea for release.
However, the Magistrate dismissed the petition, citing the pendency of the case in the High court.
Challenging the validity of his ''re-arrest'' by the West Bengal police after his release on September 18, Gajurel submitted he was entitled for release as he had served his detention period.
As the West Bengal police had neither shown any arrest nor informed him about the grounds of arrest, he argued that his ''re-arrest'' was not valid.
UNI GV/WS MS RS2243
Chief Metropolitan Magistrate Ayyasamy dismissed the petition stating that a Habeas Corpus petition, seeking to produce Gajurel before the court and set him at liberty, was pending before Madras High court and the petitioner could seek relief there.
Madras High Court, while adjourning further hearing in the Habeas Corpus petition to September 22, had made it clear that it was open for the Magistrate court to consider Gajurel's plea for release.
However, the Magistrate dismissed the petition, citing the pendency of the case in the High court.
Challenging the validity of his ''re-arrest'' by the West Bengal police after his release on September 18, Gajurel submitted he was entitled for release as he had served his detention period.
As the West Bengal police had neither shown any arrest nor informed him about the grounds of arrest, he argued that his ''re-arrest'' was not valid.
UNI GV/WS MS RS2243
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