IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 13/06/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Habeas Corpus Petition No.226 of 2006
Sarasu @ Saraswathi ... Petitioner
-Vs-
1. The State of Tamil Nadu,
rep. by the Secretary to Government,
Prohibition and Excise Department,
Fort St. George, Chennai-600 009.
2.The District Magistrate and District Collector,
Villupuram District, Villupuram. ... Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a Writ of Habeas Corpus to call for the records relating to the
proceedings of the 2nd respondent dated 6.2.2006 made in C2/6465/2 006 produce
the detenu before this Court and quash the same and set the petitioner's
husband the detenu Sathiyamurthy s/o Ranganatha Gounder at liberty who is
detained in Central prison Cuddalore.
!For Petitioner : Mr.M.Devaraj
For Respondents : Mr.M.Babu Muthu Meeran
Addl. Public Prosecutor
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner is the wife of detenu by name Sathiamoorthy, who was
detained as a ”Bootlegger” under Tamil Nadu Act 14 of 1982 by the impugned
detention order dated 06.02.2006, challenges the same in this Petition.
2. Heard learned counsel for the petitioner as well as learned
Additional Public Prosecutor 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 Additional Public Prosecutor has placed the details, which show that
the representation of the detenu dated 2 7.02.2006 was received by the
Government on 01.03.2006 and remarks were called for on 02.03.2006 and a
reminder was sent on 10.3.2006. Thereafter, the remarks were received by the
Government on 13.03.2006
and the File was submitted on 13.03.2006 and the same was dealt with by the
Under Secretary and the Deputy Secretary on 14.03.2006 and finally, the
Minister for Prohibition and Excise passed orders on 15.03 .2006. The
rejection letter was prepared on 27.03.2006 and the same was sent to the
detenu on 28.3.2006 and served to him on 30.03.2006. As rightly pointed out
by the learned counsel for the petitioner, though the Minister for Prohibition
and Excise passed an order on 15
.03.2006, there is no explanation at all for taking time for preparation of
rejection letter till 27.03.2006. 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.
rpa
To
1. The Secretary to the Government, State of Tamil Nadu,Prohibition and
Excise Department, Fort St. George, Chennai-600 009.
2.The District Magistrate and District Collector,
Villupuram District, Villupuram.
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.