AKBAR BASHA ALIAS RAJESH Vs. STATE

JUDGEMENT

(1.) THE petitioner is detained as a goonda by detention order dated 16.9.1999 under the Tamil Nadu Act 14 of 1982. Heard the learned counsel on either side.

(2.) AFTER hearing the learned counsel at .length on more than one point, we are inclined to dispose of the habeas corpus petition in favour of the detenu on only one ground, namely the Honourable Members of the Advisory Board having refused to permit the detenu to have an assistant with him at the time of personal hearing despite request. It may be noticed here that there are as many as 17 adverse cases stated to have taken place during the period from June, 1999 to August, 1999. The ground case is stated to have taken place on 5.9.1999. The arrest of the detenu is shown to have been done in the ground case first and consequently in all the adverse cases later on. In the backdrop of the above facts it appears that the detenu was asked to appear before the Advisory Board for personal hearing on 15.10.1999. In person he had presented a written representation to the Advisory Board on that date. In that representation he had made the following request: This means in English that in order to explain whatever he had stated in that representation his friend may be permitted to assist him. The Advisory Board, in its report dated 15.10.1999 had stated as follows: