V. Murugesan vs The Secretary to Government of Tamil Nadu Prohibition and Excise Department and Commissioner of Police

The petitioner, father of the detenu by name Manivel, challenges the order of detention dated 13.11.2003, detaining the detenu as Goonda

under the Tamil Nadu Act 14 of 1982. The detaining authority has considered five adverse cases filed under various provisions of Indian Penal

Code (in short IPC) and ground case that had taken place on 16.10.2003, which also arose under IPC, has passed the impugned detention order.

Heard the learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents.

Even at the foremost, the learned counsel appearing for the petitioner submitted that based on the representation dated 28.01.2004, the first

respondent Government, by letter dated 19.02.2004, directed the detaining authority to supply copy of the documents, particularly pages 1, 2 and

20 found in the paper book, since the same are not legible. The learned counsel has also produced copy of the said communication dated

19.02.2004. It is made clear that based on the representation dated 19.02.2004, the Government had assured the petitioner that the documents

available at pages 1, 2 and 20 could be supplied. However, it is the grievance of the petitioner that the same has not been supplied in spite of the

direction by the Government. In this regard, the learned counsel appearing for the petitioner strongly relies on a Division Bench decision of this

Court reported in the case of P. Muthuswamy vs. State rep. by Secretary to Government etc., & another reported in 2000 (1) Law Weekly

(Criminal) 27. In similar circumstance, the Division Bench, after rejecting the objection raised by the learned Public Prosecutor, namely that those

documents were not relevant, since they were not relied on, after holding that whether right or wrong, the State Government came to the

conclusion that those documents were necessary, in view of the representation by or on behalf of the detenu, by non complying the said direction

and furnishing copies as directed, vitiate the order of detention and quashed the same. We have gone through the said decision. While considering

the similar objection raised by the learned Additional Public Prosecutor, after taking note of similar direction by the Government with reference to

supplying certain documents to the detenu, the Bench has concluded thus,

5... Lastly, the learned Additional Public Prosecutor very forcefully submitted that none of those documents was relevant document, as they were

not relied on documents and were of such nature as could have not affected the subjective satisfaction of the detaining authority. We are afraid that

none of the contentions raised by the Additional Public Prosecutor is relevant for the simple reason that the State Government had in the first place

agreed to supply those documents to the detenu. Once the State Government agrees to supply those documents to the detenu, it must keep its

promise. Rightly or wrongly the State Government came to the conclusion that those documents were necessary in view of the representation by or

on behalf of the detenu. Once it was of the opinion that the documents were necessary to be supplied and once it had also made a promise that it

has instructed the detaining authority to supply the documents to the detenu, that promise was bound to be kept in order to enable the detenu to

make a further representation or an effective representation. The points raised by the learned Additional Public Prosecutor may be relevant for the

purposes of testing the correctness or otherwise of the order. However, the fact cannot be disputed that the State Government in pursuance of the

representation of the detenu agreed to supply the documents and did not ultimately supply the same.

We are of the view that the above cited decision is directly on the point. In our case, we have already referred to the letter of the Government

dated 19.02.2004. We hold that non supply of legible and readable copies as directed by the Government in their letter dated 19.02.2004, caused

prejudice to the detenu, hence the impugned detention order gets vitiated and the petition stands allowed. The order of detention impugned in the

petition is set aside and the detenu is directed to be set at liberty forthwith from the custody unless he is required in connection with any other case

or cause.