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2009 Supreme(Mad) 736

ELIPE DHARMA RAO, R.SUBBIAH
S. Sengkodi – Appellant
Versus
State of Tamil Nadu, rep. by its Chief Secretary to Government & Others – Respondent


Advocates appeared:
For the Petitioner:R. Sankarasubbu, Advocate.
For the Respondent: N.R. Elango, Addl.P.P

Judgment

ELIPE DHARMA RAO, J.

The petitioner is the practising advocate and she has filed this petition seeking the release of her client Sundaramoorthy, S/o.Vediyappan, who is alleged to have been illegally detained by the respondents.

2. On behalf of the respondents, a strong objection regarding the maintainability of this petition has been raised on the ground that the Advocate engaged by the detenu, since cannot be called as a friend or relative of the detenu and that the Advocate being the Officer of the Court, the petitioner, a practising Advocate, cannot enter into the shoes of her client and she cannot be a substitute for her client. It has further been submitted on the part of the respondents that the detenu is an under trial prisoner and he is in judicial custody in the cases, wherein he is an accused and there is no illegal detention, as has been submitted on the part of the petitioner and would pray to dismiss this petition.

3. Prior to entering into discussion of other aspects of the case, the legal question put forth on the part of the respondents, regarding the very maintainability of this petition, filed by the petitioner, a practising advocate, on behalf of her cli



























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