STATE OF TAMIL NADU Vs. E THALAIMALAI

JUDGEMENT

(1.) Leave granted.

(2.) The High Court quashed the order of detention only on the ground that the report of the State Government, as envisaged under Section 3 (5) of the National Security Act, 1980 had reached the Central Government only after the period of 7 days. There is no dispute that report was dispatched within the said period. If so, the decision of 3 Judge Bench of this Court will squarely apply [state of Manipur and Others v. Sanasam Ongbi and Another, [jt 1999 (7) SC 292 = (1999) 8 SCC 250]. In the light of the said decision we set aside the impugned order and remit the case back to the High Court for deciding the Habeas Corpus Petition afresh on other remaining points in the petition. We permit the State authorities to take the 1st respondent back in custody during the pendency of the Habeas Corpus Petition before the High Court. The records will be immediately dispatched to the High Court.

(3.) This appeal is accordingly disposed of.