IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 01/03/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR
Habeas Corpus Petition No.1278 of 2005
S. Muthukrishnan @ Kattaiyan. ... Petitioner
-Vs-
1. The District Magistrate and
District Collector of Cuddalore,
District at Cuddalore.
2. The State of Tamil Nadu,
represented by its Secretary, Prohibition
and Excise Dept.,
Fort St. George,
Madras-600 009. .. Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a Writ of Habeas Corpus to direct the respondents to produce
detenu namely Muthukrishnan @ Kattaiyan, aged 34 years before this Court, who
is detained as per the order of detention passed by the first respondent in
C4/D.O/23/2005 dated 08.08.2005 and confined at Central Prison, Cuddalore, set
him at liberty; and further direction to call for the records relating to the
above said order and quash the same.
!For Petitioner : Mr. K. Manowj Kumar.
^For Respondents: Mr.Abudu Kumar Rajarathinam,
Govt. Advocate (Crl. Side)
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner herein challenges the impugned order of detention,
dated 08.08.2005, detaining him as ‘Goonda’ as contemplated under the Tamil
Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest
Offenders, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates
Act, 1982 (Tamil Nadu Act 14 of 1982).
2. Heard learned counsel for the petitioner as well as learned
Government Advocate for the respondents.
3. At the foremost, learned counsel for the petitioner submitted that
there was inordinate delay in disposal of the representation of the detenu.
The particulars furnished by the learned Government Advocate show that the
representation of the detenu was received by the Government on 12.09.2005.
Subsequently, remarks were called for on 15 -9-2 005 and the same were
received on 26.9.2005 and the File was dealt with by the Under Secretary and
the Deputy Secretary on 27-9-2005. The Minister for Prohibition and Excise
passed orders on 28-9-2005. However, the rejection letter was prepared only
on 05.10.2005. The said letter was sent to the Central Prison for service on
6.10.2005 and served to the detenu on 08.10.2005.
4. As rightly pointed out by the learned counsel for the petitioner,
though the competent authority, viz., Minister for Prohibition and Excise,
passed orders on 28.9.2005, there is no reason for taking time till 05.10.2005
for preparation of the rejection letter. In the absence of proper
explanation, even if we exclude the intervening holidays, we are of the view
that the delay is on the higher side, which caused prejudice to the detenu in
considering his representation effectively. On this ground, the impugned
order of detention is quashed.
5. Accordingly, the Habeas Corpus Petition is allowed and the
impugned order of detention is quashed. The detenu is directed to be set at
liberty forthwith from the custody unless he is required in some other case or
cause.
R.B.
To
1. The District Magistrate & District Collector, Cuddalore
District, Cuddalore.
2. Secretary to Government, Prohibition and Excise Department, Fort St.
George, Chennai 600 009.
3. The Superintendent, Central Prison, Cuddalore.
(In duplicate for communication to detenu)
4. The Joint Secretary to Government, Public (Law and Order)
Fort St. George, Chennai-9.
5. The Public Prosecutor, High Court, Madras.