IRUDHI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE two Habeas Corpus Petitions are disposed of together, since the contention urged is identical, though the detenus and the ground crimes in which they wee involved, are totally different.

(2.) IRUDHI alias Irudayanathan, petitioner in H.C.P. No. 1784 of 1993 is the detenu himself who has been detained as a goondas under Tamil Nadu Act 14 of 1982, in pursuance of an order of detention dated 30.3.1993, passed by second respondent Commission of Police, Madras City, with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.

(3.) IN both these Habeas Corpus Petitions, though several grounds were urged, which did not prima facie impress us, we felt that those grounds need not have to be discussed in detail, if on the sole ground, which we intend posing and deciding, detenus are liable to succeed. The question to be decided is, whether the detenus are entitled to communication of material on which the Detaining Authority bases his conclusion, if the detenu was either in remand or enjoying liberty, having been released on bail, or would it be sufficient, if the Detaining Authority was aware of remand or bail of the detenu, on some material which he had taken note of while arriving at his subjective satisfaction though not communicated to the detenu, which communication, according to the State, will not be necessary.