KALAIMANI Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The detention order dated 10.09.2003 branding the detenu as a goonda is under challenge in this Habeas Corpus Petition on the ground that the copies of the statements of the detenu as an accused made to the sponsoring authority have not been furnished, in spite of the fact that the documents were asked for.

(2.) The learned Additional Public Prosecutor on the strength of SLP (Crl.) No.2059/95 dated 04.08.1995 and also HCP No.1839/94 dated 06.04.1995 would state that those documents have not been relied upon and as such, the non- furnishing of documents cannot be a ground for vitiating the detention order.

(3.) Learned counsel for the petitioner, on the strength of the decision rendered by this Court in Chandran ..vs.. The Commissioner of Police, Madras City and another (1996-1-L.W.(Crl.)267), would point out that the very same SLP order has been considered in the said judgment and this Court distinguished the same and held that the detention order is vitiated, since the statements of other co-accused alone have been furnished and the statement of the detenu has not been furnished, in spite of his asking for. The said decision would be applicable to the facts of the present case in all fours.