[4/7, 16:18] Rubt Three: I was engaged to conduct a COFEPOSA case in 1984 I had been to prison to collect all papers furnished to detnue by Pondicherry Customs to file WP. It was the 1st COFEPOSA case in Pondicherry and officers were unaware of the procedures. The Superintendent of Prison blindly refused permission and told it’s the Home Secretary to grant permission. I met him and explained that without detention order and all other connected papers furnished to detenue detention order cannot be challenged in High Court yet he did not permit and told me to get order from High Court. He refused permission to me to buy Pondicherry (Security) Prisoners Act from Govt Press and this Act deals with COFEPOSA dentenue. It consisted of 13 Sections. I managed to get Xerox copy and challenged the entire Act as unconstitutional and violative of Article 14 21& 22 of Constitution of India with WMP to interview the Detnue to collect materials to file WP. To my utter surprise at the admission stage itself it was dismissed. I went on an appeal & it came before Chandurkar CJ Bench. CJ was shocked to see that number of sections of the Act has been challenged and told me to argue. He heared my arguments in detail as to how those sections are violative and it went on for more than a hour at admission stage. Pondicherry Govt Pleader cum PP Late Govindsamy who later became Judge of our High Court was present and CJ told him We find that there is force in my argument to claim the sections of the Act is unconstitutional.Take notice and inform your govt to amend them or else we will strike them. The interim order of the CJ was U can meet the detenue during Counsel visiting hours. Late Govindsamy on the next hearing date informed the Court that Govt has amended the Sections and accordingly it was disposed. [4/7, 16:19] Sekarreporter 1: 🌹🌹🌹
