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1980 Supreme(SC) 479

O.CHHINNAPPA REDDY, R.S.PATHAK, V.R.KRISHNA IYER
Gopalanachari – Appellant
Versus
State Of Kerala – Respondent


Advocates:
E.M.S.ANAM, M.M.ABDUL KHADER, V.J.Francis, V.M.TARKUNDE

Judgment

KRISHNA IYER, J.:- The lament of the petitioner, Gopalanachari, a septuagenarian languishing in a Kerala prison, is that in his case the law has become lawless and justice has fallen as the first casualty, a lot shared by several other prison-mates. He wrote a letter dated nil to one of us (Krishna Iyer, J.) complaining of illegal detention under S. 110, Criminal Procedure Code (for short, the Code) whereupon the jurisdiction of this Court was invoked and the following order was made :

Shri M. M. Abdul Kader, Senior Advocate with Mr. E. M. Sadrul Enam, Advocate-on-Record will be appointed as amicus, curiae, for the petitioner.

Issue show cause notice to the respondent State with a direction that the State shall furnish the total number of .prisoners in the Sub-Jail Kottayam, who are now kept in custody under S. 110, Cr. P. C. and give further particulars as to how long they have been in prison on this score and whether the hearing of the cases under S. 110, Cr. P. C. is over. The Superintendent of the Jail will further furnish the number of prisoners in prison who are above seventy years old and below 25 years.

Copy of the notice will be served on advocate amicus curiae as wel

























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