- (1.) Leave granted.
(2.) The appellant is the brother of one Velu who has been detained under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drugoffenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum grabbers Act, 1982 (Tamil Nadu Act 14 of 1982 pursuant to an order of a detention dated 24/6/1998 passed by the District Magistrate, Tiruchirapalli. A writ petition (habeas corpus) was moved by the appellant on various grounds in challenge of the detention of the aforesaid detenu, principal among them were: (I) that he was not liable to be detained in view of the acquittal orders passed by the criminal courts in all the prosecutions launched against him, (ii) that there was considerable delay in the disposal of the representation made by him, and (iii) that the Advisory Board which considered his representation refused to allow him to have the assistance of a friend. A division bench of the Madras High court considered all the aforesaid grounds, but did not find favour with any one of them and finally dismissed the writ petition.
(3.) After hearing both the sides, we are of the view that the appellant is entitled to succeed on the last ground mentioned above, namely, denial of the services of a friend in spite of the detenu making a request for it.;