PRAKASH Vs. STATE OF TAMIL NADU
SUPREME COURT OF INDIA
STATE OF TAMIL NADU
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Santosh Hegde, J. -
(1.)The petitioner who is under detention has preferred this writ petition under Article 32 of the Constitution of India challenging the said detention.
(2.)While the petitioner was a remand prisoner in Crime No. 1466/2001 of Vadapalani Police Station, he was detained under Section 3 (1) of the Tamil Nadu Preventive Detention of Bootleggers Drug-Offenders, (Forest-Offenders), Goondas, Immoral Traffic Offenders and Slum-Grabbers for Preventing their Dangerous Activities Prejudicial to the Maintenance of Public Order, Act (Tamil Nadu Act 14 of 1982), by an order of detention dated 18-2-2002 made by the Commissioner of Police, Chennai, 2nd respondent herein. The main grounds of detention are that the petitioner was indulging in offences under Section 67 of the Information Technology Act, 2000, Sections 4 and 6 of the Indecent Representation of Women (Prohibition) Act, 1986 and under Section 27 of the Arms Act, 1959.
(3.)On receipt of the detention order in the Central Prison, Chennai, the petitioner informed the detaining authority that he is not able to read and write Tamil, therefore, he is not in a position to effectively represent against the grounds of detention supplied to him. In reply to this letter, the 2nd respondent stated that the statement of the petitioner that he does not read and write Tamil is false. At any rate, to be on the safer side, he supplied to him the copies of the grounds of detention and the annexures enclosed therewith in English.
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