In the High Court of Judicature at Madras
Dated: 18/04/2006
Coram
The Hon'ble Mr. Justice P. SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K. SAMPATHKUMAR
Habeas Corpus Petition No.42 of 2006
K. Moorthy .. Petitioner
-Vs-
1. State of Tamil Nadu
rep. by its Secretary
Prohibition & Excise Department
Government of Tamil Nadu
Fort St. George
Chennai 600 009.
2. The District Magistrate &
District Collector
Cuddalore & District. .. 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. S. Sathiachandran
For respondents : Mr. Abudukumar Rajaratrhinam
Govt., Advocate (Crl.)
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.,)
The petitioner by name K. Moorthy, challenges the impugned
order of detention dated 10.10.2005, detaining his elder brother K. Siva, 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
10.10.2005/19.10.2005 was received by the Government on 11.11.2005 and remarks
were called on 14.11.2005, remarks were received on 05.1 2.2005. After
receipt of the remarks, the same was dealt with by the Under Secretary and the
Deputy Secretary on 06.12.2005; order was passed by the Minister for
Prohibition and Excise on 07.12.2005, rejection letter was prepared on
08.12.2005; the same was sent to the detenu on 16.12.2005 and the rejection
letter was served on the detenu on the same day i.e., on 16.12.2005. As
rightly pointed out though the concerned Minister has passed an order on
07.12.2005, there is no explanation or reason for not forwarding the same to
the detenu till 1 6.12.2005. In the absence of any explanation, we hold that
the delay between 07.12.2005 and 16.12.2005 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.
To
1. The Secretary to Government
Prohibition & Excise Department
Government of Tamil Nadu
Fort St. George
Chennai 600 009.
2. The District Magistrate &
District Collector
Cuddalore & District.
3. The Director General of Police
Chennai 4.
4. The Superintendent
Central Prison, Cuddalore.
5. The Public Prosecutor
High Court, Madras.