IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 20/03/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K.SAMPATHKUMAR
Habeas Corpus Petition No.1330 of 2005
R.Rajini ... Petitioner
-Vs-
1. The State of Tamil Nadu,
rep. by its Secretary to Government,
Prohibition and Excise XII Department,
Fort St. George, Chennai-600 009.
2.The District Collector and District
Magistrate, Tiruvannamalai,
Tiruvannamalai Distirct.
... 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 the
body of the detenu Ramesh who is detained in the Central Prison, Vellore
before this Court and pass an order to call for the records of detention order
imposed on the petitioner in the detention order NO.C-2 D.O.No.59/2005 dated
3.12.2005 passed by the second respondent and set aside the same and set the
detenu at liberty.
!For Petitioner : Ms.L.Poompavai
^For Respondents: Mr.Abudhukumar Rajarathinam
Govt. Advocate (Crl. Side)
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner, who is the brother of the detenu by name Ramesh, who
was detained as a ”Bootlegger” 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), by the impugned detention order dated
03.12.2005, challenges the same in this Petition.
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 is enormous delay in disposal of the representation of the detenu, which
vitiates the ultimate order of detention. With reference to the above claim,
learned Government Advocate has placed the details, which show that the
representation of the detenu dated 15.12.2005 was received by the Government
on 20.12.2005 and remarks were called for on 21.12.2005. Thereafter, the
remarks were received by the Government on 02.01.2006. Thereafter, the File
was submitted on 03.01.2006 and the same was dealt with by the Under Secretary
and Deputy Secretary on 04.01.2006 and finally, the Minister for Prohibition
and Excise passed orders on 05.01.2006. The rejection letter was prepared on
13.01.2006 and the same was sent to the detenu on the same date i.e., on
13.01.2006 and served to him on 16.01.2006. As rightly pointed out by the
learned counsel for the petitioner, though the Minister for Prohibition and
Excise passed an order on 05.01.2006, there is no explanation at all for
taking time for preparation of rejection letter till 13.01.2006. In the
absence of any explanation by the person concerned even after excluding the
intervening holidays, we are of the view that the time taken for preparation
of rejection letter is on the higher side and we hold that the said delay has
prejudiced the detenu in disposal of his representation. On this ground, we
quash the impugned order of detention.
4. Accordingly, the Habeas Corpus Petition is allowed and the
impugned order of detention is set aside. The detenu is directed to be set at
liberty forthwith from the custody unless he is required in some other case or
cause.
Index: No.
Internet: Yes
raa
To
1. The Secretary to the Government, State of Tamil Nadu,Prohibition and
Excise XII Department, Fort St. George, Chennai-600 009.
2.The District Collector and DistrictMagistrate, Tiruvannamalai,
Tiruvannamalai Distirct.
3. The Superintendent, Central Prison, Vellore.
(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.