B HANALINGAM Vs. DISTT MAGISTRATE AND DISTT COLLECTOR

JUDGEMENT

(1.) The petitioner, brother of a detenu, under the provisions of Tamil Nadu Act 14 of 1982 filed a petition for Habeas Corpus before the High court of Madras challenging the legality of the order of detention as well as the continued detention of the detenu. Several grounds had been urged in support of the challenge and the division bench of the High court on consideration of the same rejected all the contentions raised and dismissed the petition for Habeas Corpus. The brother of the detenu, therefore, approached this court. In this court essentially three grounds have been urged that the detenu being a non-English knowing person the Tamil version of the relevant documents have not been given and as such he was denied of the opportunity of making an effective representation which constitutes an infraction of Article 22 (5) of the Constitution. It is also urged that the relevant material has not been considered by the detaining authority and the opinion of the Advisory Board has not been obtained before continuing the detention of the detenu.

(2.) Pursuant to the notice issued from this Court, a counter affidavit has been filed on behalf of the respondents refuting each of the assertions made and on going through the said counter affidavit, we see no infirmity with the order of detention as well as the continued detention of the detenu so as to be interfered with by this court. The petition is accordingly dismissed.