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2020 Supreme(Mad) 1798

T.S.SIVAGNANAM, PUSHPA SATHYANARAYANA
Government of Tamil Nadu Represented by its Secretary, Home, Prohibition & Excise Department, Chennai – Appellant
Versus
S. Indramoorthy – Respondent


Advocate Appeared:
For the Petitioner:Prathap Kumar, Additional Public Prosecutor, S. Doraiswamy, Senior Counsel, M.Mod.Saifulla, Advocates.
For the Respondent:R. Sankara Subbu, Advocate.

ORDER :

Pushpa Sathyanarayana, J.

(Prayer in Crl.M.P.No.5340 of 2020 : Petition filed under Article 226 of the Constitution of India praying to recall the order passed in Crl.M.P.No.3983 of 2020 in H.C.P.No.747 of 2020, dated 15.06.2020 as devoid of merits.)

Since the question arises for consideration in all these miscellaneous petitions is one and the same, with the consent of the learned counsel on either side, they are heard together and disposed of by means of this common order.

2. The State of Tamil Nadu has filed the miscellaneous petition in Crl.M.P.No.5340 of 2020 seeking to recall the order dated 15.06.2020 passed in Crl.M.P.No.3983 of 2020 in H.C.P.No.747 of 2020, wherein, the following directions were issued :

    "5. We are not prima facie convinced with these two points because the representation of the detenu cannot be examined in a microscopic manner as the detenu is under detention pursuant to an action initiated by the Sponsoring Agency/Authority. Therefore, unless and until the detenu has clearly and candidly given up his right of personal appearance, no adverse inference can be drawn against the detenu. Furthermore, the Agency/Authority, who sponsored the detention of the

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