LAWS(MAD)-2023-12-97

GANESH KUMAR Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On December 12, 2023
GANESH KUMAR Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) Since the grounds raised in these Habeas Corpus Petitions are similar and it requires indepth consideration with regard to the legal position on the right of the Detenu under Act 14 of 1982, viz-a-viz the duties and responsibilities of the Stakeholders, namely, the Detaining Authority, State Government as well as the Advisory Board, these H.C.Ps. were heard together and disposed of by this Common Order.

(2.) In fact, out of these three Habeas Corpus Petitions, H.C.P. No.1111 of 2022 came up for hearing before us on 20.3.2023, where a ground was raised stating that, in the ground case, though there were Three Accused, out of whom, the Act 14 was slapped only against Two Accused, when they were referred to the Advisory Board, the Board has given Opinion in respect of one Detenu that there is no sufficient cause to continue the detention, whereas in respect of other Detenu, the Opinion was that the detention can be continued.

(3.) Since it was an important ground that was raised on behalf of the Detenu, we felt that, this require some deeper appreciation of the issue, therefore, on 20.3.2023, we passed the following Order: