High Court reprieve for DD medical college chief

Chennai: The Madras High Court has set aside an order of the state government, detaining T. D. Naidu, chairman of DD Medical college and hospital, under the Goondas Act. A division bench comprising Justices S. Rajeswaran and P. N. Prakash allowed the HCP filed by Prabhavathi, wife of T. D. Naidu, challenging his detention under NSA.

T. D. Naidu confined in Central prison, Vellore, was directed to be released forthwith unless his presence was required in connection with any other case, the bench added.

Concurring with the submissions of senior counsel V. Prakash and Abudukumar, counsel for the petitioner, the bench said it was unable to subscribe to the submissions made by advocate general for the reason that court have repeatedly held that any document relied on by the detaining authority should be furnished to the detenue. In this case, two similar cases in respect of P. Kuppu and Suresh though referred to/relied on by the detaining authority in the order of detention, the particulars of those cases have not been furnished to the detenue and thereby he was deprived of his opportunity to make effective representation which was a right given to the detenue. Therefore, on this sole ground alone, the order detention was liable to be vitiated, the bench added.

The bench said the booklet contains the documents relied on by the detaining authority. Whereas, the booklet served on the detenue did not contain those related documents. “In the light of the above, we have no hesitation in quashing the order of detention dated June 7, 2013”, the bench added.