ARUNACHALAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) (Prayer: Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records relating to the order of detention No. 01/2008 dated 23.3.2008 in passed by the third respondent and quash the same and direct the respondents to produce the body of the person of the detenu namely Mahalingam @ Nondi Mahalingam @ Palani @ Nondi Palani, now detained under Section 3(3) of the National Security Act, 1980 in the Special Prison, Puzhal, Chennai, before this Court and set him at liberty.)Elipe Dharma Rao, J.The petitioner, friend of the detenu - Mahalingam @ Nondi Mahalingam @ Palani @ Nondi Palani, challenges the order of detention dated 23.3.2008 passed by the third respondent detaining him under Section 3(3) of the National Security Act, 1980 (Central Act 65/1980) read with the orders issued by the Tamil Nadu Government in G.O. Ms. No. 47, Public (Law & Order - F) Department dated 08.01.2008 after he was identified as a CPI (Maoist) Extremist offender.

(2.) HEARD Mr. R. Sankarasubbu, learned counsel for the petitioner, Mr. N.R. Elango, learned Additional Public Prosecutor for the respondents 1 and 3 and Mr. M. Gopikrishnan, learned Additional Central Government Standing Counsel representing the second respondent.

(3.) LEARNED Additional Public Prosecutor has resisted the aforesaid grounds by placing the relevant materials and by filing the counter.