GOVERNMENT OF TAMIL NADU Vs. SECRETARY

JUDGEMENT

(1.) WITH the consent of both the parties, the writ petition itself is taken up for disposal.

(2.) INVOKING the writ jurisdiction of this Court, the petitioner State has brought forth this writ petition seeking a writ of certiorari to call for the records of the first respondent Review Committee on POTA dated 11.9.2004 and quash the same.

(3.) COUNTERING to the above contentions, the learned Senior Counsel for the respondents 2 to 4 would argue that the direction of the Review Committee on POTA are well within its powers and jurisdiction; that as per Sec.30 of POTA, the second respondent is entitled to have the copy of the documents relied on by the State; that he should be made known of the accusations made and also the materials, upon which the accusations are based, and hence, the copies of all the documents relied upon by the State should be furnished to him. Added further the learned Senior Counsel that the denial of the copies of the said documents would be against the principles of natural justice; that whenever any citizen is detained under any other enactment like Preventive Detention Act, he is to be furnished with all the copies of the documents and statements recorded from the witnesses, enabling him to understand the accusations made against him and the basis therefor also; that equally, the second respondent detained under the provisions of POTA cannot be denied the copies of the same; that the Review Committee after appraising both factual and legal positions, has directed the State to furnish copies, and hence, the order of the first respondent has got to be sustained.