2000 (2) TMI 870

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..... the detaining authority has to be regarded as necessary for the purpose of making an effective representation is always a question of fact. 3. In this case, the detaining authority made his order by taking note of the fact that the detenu was on remand. That fact the gathered from a perusal of the special report prepared by the sponsoring authority. It cannot of course be said that the detainin .....

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..... correctly set out, all that had transpired at the time the remand was ordered. 5. If the detenu considered it necessary to secure the copy of the remand order, for the purpose of demonstrating that the special report had omitted to state certain things contained in the remand order, especially regarding the complaint about the ill-treatment of the detenu such order will have to be regarded as a .....

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..... detenu to make an effective representation. 7. The continued detention of the detenu in this case, therefore, cannot be considered as a legal after the detenu's right to make an effective representation had been prejudiced by reason of non-supply of remand order which had been sought by the detenu and which had been strongly refused to be supplied by the detaining authority. 8. We, ther .....

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