A P SUNDER Vs. SECRETARY TO GOVERNMENT COOPERATION

JUDGEMENT

(1.) HABEAS corpus petition filed under Article 226 of the Constitution of India praying to issue a writ of habeas corpus calling for the records in connection with the order of detention passed by the second respondent dated 3.4.2009 in C.P.O/T.C/I.S/B.M/D.O.No.02/2009 against the petitioner's brother-in-law V.Ramachandran, son of Vellaikannu, aged about 27 years who is confined at Central Prison, Tiruchirappalli. and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty. Challenge is made to an order of detention made by the second respondent dated 3.4.2009, in C.P.O/T.C/I.S/ B.M/D.O.No.02/2009, whereby the petitioner's brother-in-law V.Ramachandran was ordered to be detained under the provisions of Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980, branding him as a black marketeer.

(2.) THE Court heard the learned Counsel for the petitioner. THE affidavit in support of the petition along with the grounds of attack are perused apart from all the materials available including the order under challenge.

(3.) THE learned Counsel took the Court to paragraph 4 of the Counter filed by the third respondent wherein it is candidly admitted that rejection intimation was given by a telegraphic message. According to the Counsel, it would not satisfy the law, and on that ground it has got to be set aside.