NOUSHAD Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This is a Habeas Corpus Petition challenging the order passed by the Commissioner of Police, Coimbatore dated 08.03.2003 under the provisions of Section 3 of the National Security Act, 1980 on the ground that it was necessary to prevent the detenu from acting in any manner prejudicial to the maintenance of public order. Detailed grounds have been given in support of the orders, which grounds we have been able to find only from the file produced by the learned Additional Public Prosecutor.

(2.) Very strangely, the detenu Noushad S/o. Thiru.Hassan had refused to accept the order of detention and also the grounds of detention, which were pasted to his cell where he was lodged after being taken into custody. Needless to say that the original detention order and the grounds have not been supplied by the learned counsel for the petitioner. It was, therefore, that we were required to go through the order on the basis of the file.

(3.) Mr.R.Sankarasubbu, learned counsel appearing for the petitioner, however, accepts that the papers relied on by the learned Additional Public Prosecutor are at least genuine in the sense that it is the actual detention order and the grounds, which have been now supplied to us.