In the High Court of Judicature at Madras
Dated: 24/02/2006
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K. SAMPATHKUMAR
Habeas Corpus Petition No.1211 of 2005
Palanivel .. Petitioner
-Vs-
1. The District Collector
District Magistrate
Tiruchirapalli District,
Tiruchirapalli.
2. The Secretary to Government
of Tamil Nadu
Prohibition and Excise Department
fort St. George, Secretariat
Chennai 9. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of habeas corpus as stated therein.
For petitioner : Mr. K. Manivasakam
For respondents : Mr. Abudukumar Rajaratrhinam
Govt., Advocate (Crl.)
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.,)
The petitioner by name Palanivel, challenges the impugned
order of detention dated 29.08.2005, detaining his brother Karuppiah @
Kathikuthu Karuppiah as “Goonda” under Section 3 (1) of the Tamil Nadu
Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest
Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1982 (in
short “Tamil Nadu Act 14 of 1982”).
2. Heard both sides.
3. Even at the foremost the learned counsel for the
petitioner submitted that there was inordinate delay in considering the
representation of the detenu, which vitiates the ultimate order of detention.
With reference to the said claim the learned Government Advocate has placed
details, which show that the representation of the detenue dated 26.09.2005
was received by the Government on 06.10.2005 and remarks were called on
07.10.2005, remarks were received on 19.10.2005. After receipt of the
remarks, the same was dealt with by the Under Secretary and the Deputy
Secretary on 20.10.2005; order was passed by the Minister for Prohibition and
Excise on 21.10.2005, rejection letter was prepared on 28.10.2005; the same
was sent to the detenu on 31.10 .2005 and the rejection letter was served on
the detenu only on 03.11 .2005. As rightly pointed out though the concerned
Minister has passed an order on 21.10.2005, there is no explanation or reason
for not forwarding the same to the detenu till 03.11.2005. In the absence of
any explanation, we hold that the delay between 21.10.2005 and 03.1 1.2005 is
enormous. On this ground, the impugned detention order is vitiated and the
same is quashed; accordingly, this petition is allowed. The order of
detention impugned in the petition is set aside and the detenu is directed to
be set at liberty forthwith from the custody unless he is required in
connection with any other case.
Index:Yes
Internet:Yes
Kh
To
1. The District Collector
District Magistrate
Tiruchirapalli District,
Tiruchirapalli.
2. The Secretary to Government
of Tamil Nadu
Prohibition and Excise Department
fort St. George, Secretariat
Chennai 9.
3. The Director General of Police
Chennai 4.
4. The Superintendent
Central Prison, Tiruchirappalli.
5. The Public Prosecutor
High Court, Madras.