SYED ABDUL KHADAR ALIAS APPUALIASAKASH Vs. STATE

JUDGEMENT

(1.) INVOKING the writ jurisdiction of this Court, the petitioner/detenu, Syed Abdul Khadar @ Appu @ Akash has brought forth this application seeking a Writ of Habeas Corpus, challenging the order of detention made against him by the second respondent in No,75/BDFGISSV/2009, dated 16.09.2009, terming him as Goonda and detaining him under the Tamil Nadu Act 14 of 1982 and set him at liberty forthwith.

(2.) THE affidavit filed in support of the petition is perused. THE Court also perused the order under challenge along with the grounds of detention. THE Court heard the learned counsel for the petitioner and also the learned counsel for the State.

(3.) AS the second ground, the learned counsel for the petitioner would submit that in so far as the arrest is concerned, the law would mandate to inform about the arrest of the detenu to the close relatives. In the instant case, as could be seen from the booklet, a telegraphic message was given to the wife of the detenu/petitioner but a copy of the telegraphic message was neither placed before the detaining authority nor given to the detenu/ petitioner. Under such circumstances, it would not satisfy the mandatory requirement. Hence, on those grounds the detention order has got to be set aside.