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2001 Supreme(Mad) 29

P.D.DINAKARAN, K.NARAYANA KURUP
G. Gowri Shankar – Appellant
Versus
The Secretary To Government Of Tamil Nadu And Others – Respondent


Appearing Advocates:For the Petitioner:I. Subramaniam, Sr. Council for M/s. P.J. George and P. Muralidharan, Advocates. For the Respondent: R1 & 2, S. Anbalagan, Addl. Public Prosecutor, Su. Srinivasan, Addl. Central Govt. Standing Counsel.

Judgment :-

K. NARAYANA KURUP, J.

The detention order bearing reference G.O. SR.I/550-5/2000, dated 1-6-2000 clamped on the detenu by the first respondent for reasons stated in grounds of detention is under challenge in this Habeas Corpus Petition, mainly on the ground of delay in disposal of representation preferred by the detenu to the second respondent-joint Secretary (COFEPOSA) which was routed through the Jail Superintendent.

2. The Superintendent, Central Prison, Chennai forwarded a copy of representation dated 3-7-2000 of the detenu, which was admittedly received by second respondent-Joint Secretary (COFEPOSA) on 7-7-2000. Upon receipt of the aforesaid representation of the detenu, the second respondent Joint Secretary (COFEPOSA) entertained a doubt that since the representation is addressed to the Government of Tamil Nadu only, it cannot be treated as a representation addressed to the Central Government and considered by it. Accordingly the third respondent-Superintendent, Central Prison, Chennai was requested to clarify whether the detenu wanted his representation dated 3-7-2000 to be addressed to the Central Government and considered by it vide letter dated 7-7-2000. The S






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