M NARAYANAN Vs. COMMISSIONER OF POLICE COIMBATORE CITY

JUDGEMENT

(1.) THE petitioner Narayanan has been detained under section 3(2) of the National Security Act, 1980 read with the orders issued by the Government in G.O.Ms.No.99 Public (Law and Order-F) Department dated 20.1.1998 preventing him from acting in any manner prejudicial to the maintenance of public order.

(2.) WE deem it unnecessary to mention all the facts leading to the passing of the impugned order dated 31.1.1998 as the habeas corpus petition has to be allowed on a short ground of non-mentioning of the right of the detenu to make representation to the Central Government in the grounds of detention. In paragraph 11 of the grounds of detention the detaining authority has stated that the detenu has got a right to make representation to the State Government and if so, the said representation has to be addressed to the chief Secretary to the Government of TamilNadu, Public (LawandOrder) Department, Fort St. George, Chennai - 9. But, the grounds of detention do not say that the detenu has a right to make representation to the Central Government. This would be sufficient to hold in favour of the detenu.