MUTHULAKSHMI Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) RELIED upon document by the detaining authority, has not been furnished to the detenu, and hence, the detenu was not able to make an effective representation to the Government seeking for revocation of the detention order, is the ground urged in this habeas corpus petition filed by the wife of the detenu.

(2.) IT is not disputed that the grounds of detention was passed on 5. 12. 2004 by the detaining authority on the basis that the detenu Mariappan has been remanded to judicial custody upto 13. 12. 2004, and lodged at Central Prison, Cuddalore in connection with the ground case in Crime No. 794 of 2004. The detaining authority has observed that there is an imminent possibility of the detenu coming out on bail, and if he comes out on bail, he will indulge in further activities in future, which would be prejudicial to the maintenance of public order. The impugned order has been passed by the detaining authority on the basis of the said facts.

(3.) BY virtue of the said observations made in paragraph 5 of the grounds of detention, it is clear that the remand order dated 29. 11. 2004, which has been passed by the learned Magistrate, remanding the accused till 13. 12. 2004, as seen from page 170 of the booklet, is a vital document, which was relied upon by the detaining authority while passing the detention order. Page 170 of the booklet is the English version of the remand order dated 29. 11. 2004. This would indicate that Mariappan, who is one of the co-accused, was remanded on 29. 11. 2004 along with the other accused, till 13. 12. 2004.