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2024 Supreme(Online)(MAD) 18899

HIGH COURT OF MADRAS
S.M. SUBRAMANIAM, J
JAYALAKSHMI – Appellant
Versus
STATE OF TAMIL NADU – Respondent


ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The order of detention passed by the 2nd respondent in proceedings No.508/BCDGISSSV/2024, dated 14.05.2024 is sought to be quashed in the present Habeas Corpus Petition.

2.The documents supplied to the detenue are improperly paginated and even the index is not tallied with the documents furnished to the detenue. There is a total carelessness in preparing the typed set of papers by the Detaining Authority, which caused prejudice to the interest of the detenue to submit effect representation. The manner in which the typed set of papers served on the detenue cannot be appreciated in view of the confusion in the index as well as in pagination. Thus, the detenue has been prevented from submitting effective representation, which is a valuable right.

3. In this context, it is useful to refer to the judgment of the Hon'ble Supreme Court in ' Powanammal Vs. State of Tamil Nadu ' reported in '(1999) 2 SCC 413'. The Hon'ble Supreme Court, after discussing the safeguards embodied in Article 22[5] of the Constitution, observed that the detenue should be afforded an opportunity of making representation effectively against the Detention Orde

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