CHENNAI: The Madras High Court posted the hearing of the habeas corpus petition (HCP) moved by the mother of Savukku Shankar seeking to quash the goondas detention, to this afternoon, as the State claimed the case has to be heard before a division bench since the split verdict is not vertical.
Justice G Jayachandran heard the case to decide finality, since a vacation bench delivered split verdict.
Additional Advocate General (AAG) J Ravindran submitted that the matter has to be placed before a division bench holding HCP portfolio.
It is peculiar case as the vacation bench delivered a split verdict which is not vertical, hence it cannot be heard before a third judge to reach finality, said the AAG
The vacation bench headed by Justice GR Swaminathan said that he perused all the documents and held counters are not required while quashing the goondas detention, whereas the other judge didn't gone into the merits of the case and had a view that the State should be allowed to file counter and heard, submitted the AAG.
It was also submitted that the police has filed the sub application to list the matter before a division bench.
The judge wondered whether the State is filing the counter or not and observed that men in power may come and go but the law officers like AAG should be faithful to the Court.
The AAG submitted that his faith is always on the Court and sought time to get instructions from the city police on the issue of filing the counter.