2017 (9) TMI 1980

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....>THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR For the Petitioner : Mr.R.Alagumani For the Respondent : Mr.C.Ramesh Additional Public Prosecutor ORDER M.M.SUNDRESH, J. The petitioner is the detenu, namely, Jeganathan @ Jegan, son of Thangam, male, aged about 36 years. The detenu has been detained by the second respondent by his order in Detenti....

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....davit filed by the sponsoring authority, which on a perusal would show that the affidavit of the sponsoring authority has been attested by the detaining authority. 4. Per contra, the learned Additional Public Prosecutor while reiterating the averments in the counter affidavit would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be inter....

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.... H.C.P.(MD) No.556 of 2016 is dated 20 April, 2016. Based on the said affidavit, duly attested by the Commissioner of Police, the very same Commissioner of Police, Madurai, in his capacity as the Detaining Authority passed the order of detention on 21 April, 2016, which is challenged in H.C.P.(MD) No.556 of 2016.  40.The Act mandates that the Commissioner of Police must arrive a sati....

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.... arm-chair of the Detaining Authority. He was, therefore, in the know of things, even before the commencement of statutory proceedings for detention. In short, the Commissioner of Police himself was part of the team of complainants otherwise called as sponsoring authorities. Thereafter, he turned the chair and acted in a different capacity as the Detaining Authority. The sponsoring authority and D....