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2011 Supreme(SC) 296

MARKANDEY KATJU, GYAN SUDHA MISRA
Rekha – Appellant
Versus
State of T. Nadu tr. Sec. to Govt. – Respondent


Advocates appeared:
K.V. Viswanathan, Sr. Adv., K.K. Mani, Abhishek Krishna, Mayur R. Shah, S.J. Aristotle, Ahanthem Rohan Singh, Bob, Prabhu Ramasubramanian, Priya Aristotle, V.G. Pragasam, V. Mohana, Abhishek K., Vijay Prashant, G. Ananda Selvam, Andrew Jaimon, A. Santha, Kumaran, Ravindra Keshavrao Adsure, Guru Krishna Kumar, Akshat Hansaria, Mamta Chnadel and Abhay Kumar, Advs.
Altaf Ahmed, Sr. Adv., Promila and S. Thananjayan, Advs.

ORDER

1. Heard learned Counsel for the appearing parties.

2. Leave granted.

3. These Appeals have been filed against the impugned common judgment of the High Court of Madras dated 23.12.2010.

4. The facts have been stated in the impugned judgment and hence we are not repeating the same here.

5. Mr. K.K. Mani, learned Counsel appearing for some of the Appellants in these Appeals, submitted that since no bail application was pending when the detention order in question under Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bottleggers, Drug-Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders and Slum Grabbers and Video Pirates Act, 1982 was passed, hence the detention order in question was illegal as the Appellant was already in jail in a criminal case on the same facts. Hence, there was no likelihood of his release.

6. It appears that there is some conflict of opinion on the aforesaid point.

7. Mr. K.K. Mani, learned Counsel, has relied on judgments of this Court in T.V. Sravanan alias S.A.R. Prasana Venkatachaariar Chaturvedi v. State through Secretary and Anr. (2006) 2 SCC 664; A. Shanthi (Smt.) v. Govt. of T.N. and Ors. (2006) 9 SCC 711; and





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