HC quashes detention order

Image
Press Trust of India Chennai
Last Updated : Jul 12 2014 | 11:05 PM IST
The Madras High Court today quashed the detention order issued by Commissioner of Police, Coimbatore, of a person who allegedly cheated some persons under the guise of taking them to Australia after collecting cash and jewellary from them.
A Division Bench comprising Justice V Dhanapalan and Justice G Chokkalingam quashed the order to detain T Sathishkumar under National Security Act on the ground of absence of cogent materials.
Allowing a petition by Satishkumar, the court directed the detaining authority to set him at liberty unless his custody is required in any other case.
Sathishkumar was arrested by the Criminal Investigation wing of the Tamil Nadu police on September 9, 2013 in Coimbatore following a complaint lodged by one G Vivekanandan of Sri Lankan refugee Camp at Sathyamangalam, in Erode District of cheating.
Coimbatore City Police Commissionr orderded detention of Satish Kumar on October 8, 2013 under the National Security Act.
Satish Kumar challenged the detention order on the grounds that documents of similar case in which other accused got bail was not furnished to him.
The court said "it is true that the detaining authority have expressed subjective satisfaction with regard to the real possibility of the detenu coming out on bail in which he was remanded based on the bail granted by another Magistrate in a similar case.
"But the copy of that order was not furnished to the detenu and there is nothing to show that the bail order was placed before the detaining authority at the clamping of the detention. Hence the subjective satisfaction expressed by the detaining authority is vitiated", the bench said.
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Jul 12 2014 | 11:05 PM IST

Next Story