AMEED ALIAS SALEEM Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The detaining authority made the order of detention on 09.10.2002 which was executed on 10.10.2002. The detenue was in custody on the date the detention order was made. On 11.10.2002 a representation was made by the detenu. It was sent in a cover by the Superintendent of the Central Prison, Chennai to the Commissioner of Police, Chennai, who had made the detention order. The cover has been placed before us. We find thereon the seal of the Superintendent of the Central Prison, Chennai, and the number given to the document by the jail authority is also set out on that cover.

(2.) The detenu's representation was sent to the Commissioner with the covering letter signed by the Superintendent of Central Prison, Chennai. That covering letter is addressed to the Commissioner of Police. The name of the detenu, his number as also the number of the detention order are mentioned in the covering letter. The body of the letter states that the representation received from the detenu is being sent for favour of disposal.

(3.) That letter, according to the affidavit of the first respondent filed before us, was delivered at the control room of the Commissioner of Police on 11.10.2002 at 20.10 hours. The Control room sent it to the tapal section on 16.10.2002 as 12th and 13th of October, 2002 were Government holidays being Saturday and Sunday and 14th and 15th of October were holidays due to Ayudha pooja and Vijaya Dashami The tapal Superintendent is stated to have in-turn handed over the same to the concerned section on 17.10.2002 and that section is said to have put up the representation to the Commissioner on 18.10.2002. 18.10.2002 is stated to have been the third day of a cricket test match between India and West Indies, that India was batting on that day, and therefore a heavy crowd was expected at the cricket stadium. The Commissioner has stated that he was physically present there for bandobast at the stadium and could not attend the tapal put up to him on 18.10.2002. 19.10.2002 and 20.10.2002 were Government holidays being Saturday and Sunday. The Commissioner has stated that he attended the office on Sunday the 20th of October, on which day he went through the representation and after going through the same rejected it. The reason given for rejecting the representation is, "Since the detention order was already approved by the Government we are not in a position to consider the contents of the application."