SUBASH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) CHALLENGE is made to an order of detention made by the second respondent in memo No.BDFGISSV No.371/2007 dated 20.9.2007, and subsequently confirmed by the first respondent. The petitioner herein is the detenu.

(2.) THE affidavit in support of the petition along with the grounds on which the said order is challenged, and also the order under challenge are all perused.

(3.) PLACING reliance on a decision of this Court in HCP No.1361 of 2007 batch, the learned Counsel would urge that the object and the purpose of informing the members of the detenu's household in writing of the passing of the order of detention and taking in custody of the detenu was with an object of not keeping them in darkness; but, they should be put on notice about the passing of the order of detention, and the place of detention should be made known so that they could have the access and render any help or assistance to the detenu, and the detenu should not be deprived of the privilege of meeting his relations and getting the help and assistance; but, in the instant case, no telegraphic message was given; that what is one now alleged was actually not done; and that not even the contents were made known. The learned Counsel took the Court to the communication that was addressed wherein the crime number is found as 701 of 2007 instead of 901 of 2007 and would submit that for these reasons it has got to be quashed.