CHENNAI, Dec 10: Tamil weekly Nakheeran editor, printer and publisher R R Gopal, has moved the Madras High Court to quash the summons issued by the Erode SP requiring Gopal to appear before her on December 2.

The first bench comprising Chief Justice M S Liberhan and Justice D Raju, before whom the petition came up for hearing on Wednesday, ordered notice to the respondents -- Home Secretary and Erode SP. Gopal had ventured into the jungle as a government emissary, met sandalwood smuggler Veerappan twice, and arranged for the release of the hostages.

Gopal submitted in his petition that as he felt that the brigand had exhibited his readiness to surrender and it was a good opportunity for him to put an end to the crisis, he left for Veerappan's hide-out on November 19, 1997, met him, and persuaded him to surrender in the interest of public peace and harmony. He returned on November 23 with a video cassette containing the conversation between him and Veerappan. He sought an appointment with the Chief Minister, but due to his preoccupation, the same has not materialised so far.

While so, he received summons dated November 26 from the Erode SP calling upon him to meet her on December 2 without fail. He had sent a telegraphic reply through his counsel on December 1.

From the tone and tenor of the communication, Gopal submitted that he apprehends that the SP is likely to adopt coercive methods to arrest him on the pretext of collecting information from him.

He contended that the summons issued in utter disregard to the authority, is without jurisdiction. It amounts to unlawful and illegal interference with his fundamental rights enshrined under Article 19(1)(f)(g) of the Constitution and per se arbitrary and violative of Article 14 of the Constitution. It has the effect of compelling him to appear before the SP without due process of law and hence violative of Article 21 of the Constitution.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.