DANASEKARAN Vs. STATE

JUDGEMENT

(1.) W.P. No. 1063 of 1993:

(2.) PETITIONER Danasekaran alias Olli Dhanasu has been detained in pursuance of an order dated 31.3.1993 passed by the second Respondent, Commissioner of Police, Madras City, under Tamil Nadu Act 14 of 1982, with a view to preventing the Petitioner from in any manner acting prejudicial to the maintenance of public order. Petitioner has been classified as a 'goonda'.

(3.) MR . M. Bhaskar, learned Counsel appearing on behalf of the Petitioner, contended that in the Tamil translation, of paragraph 4 of the grounds of detention Sections of the Indian Penal Code have not been stated and that had prevented an effective representation being made. He then argued that in respect of adverse cases Form No. 95 had not been furnished to the detenu and that was a serious lacuna sufficient to vitiate the order of detention. He then urged that the statement of the Doctor, who had examined the victim in respect of the ground case, had not been furnished though a copy of the accident register has been supplied. Next submission was that though the detenu was sent for treatment to Government Royapettah Hospital, wound certificate has been issued by Medical Officer, Government General Hospital, Madras. This itself has not been noticed by the Detaining Authority and hence there has been non -application of mind. Finally, he contended that though aruval is stated to have been used by the detenu and it has been so mentioned in the grounds of detention, seizure mahazar and Form No. 95 indicate seizure of knife and not an aruval. This discrepancy has been omitted to be noticed by the Detaining Authority and again this indicated non -application of mind.