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2006 Supreme(SC) 547

ARIJIT PASAYAT, C.K.THAKKER
Senthamilselvi – Appellant
Versus
State Of T. N. – Respondent


JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. The order of detention passed in respect of Ganapathy @ Undakkuli @ Salve Ganapathy (hereinafter referred to as the ‘detenu’) was questioned by his mother the appellant by filing a Habeas Corpus Petition before the Madras High Court. The same was dismissed by the impugned judgment.

3. Mainly three grounds were urged in support of the Habeas Corpus Petition. It was submitted that there was delay in disposal of the representation. Further that the detenu had not filed any application for bail, therefore, the detaining authority had committed error in holding that there was imminent possibility of his coming out on bail. Further the detaining authority had relied upon the confessional statement of a co-accused without supplying copy thereof. That denied detenu the opportunity of making an effective representation. The High Court did not find any substance in the aforesaid submissions and dismissed the petition.

4. In support of the appeal, learned counsel for the appellant submitted that there was delay in disposal of the representation. It was further submitted that the document which was relied upon has not been supplied to the appellant.

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