In the post lunch session, Justice Swaminathan proceeded to pronounce his view that Shankar’s detention should be quashed, after divulging the warnings he was issued not to hear the case.
Justice Swaminathan further observed that on May 12, when the detention order was passed, Savukku Shankar had been arrested in five cases and there was no imminent possibility of him coming out on bail. Yet, this fact had not been reflected in the detention order. The judge opined that Shankar’s dentioned could be quashed on this sole ground.
Justice Swaminathan added that this is the first defect in the detention order which stuck to his mind when he read the papers last night and that the petitioner’s counsel ought to have attacked the detention order primarily on this ground.
However, since Justice Balaji has dissented from this view, the matter will be placed before Acting Chief Justice R Mahadevan, who would have to nominate the a third judge to give a tie-breaking opinion.
Source: Barandbench
