IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 19/06/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice V.DHANAPALAN
Habeas Corpus Petition No.259 of 2006
Govindasamy ... Petitioner
-Vs-
1. The State of Tamil Nadu,
rep. by its Secretary to Government.
Prohibition and Excise Department,
For St. George, Chennai-9.
2.The District Magistrate and
District Collector,
Vellore District,
Vellore .... Respondents
Petition under Article 226 of the Constitution of India for the
issuance of a Writ of Habeas Corpus to call for the records in connection with
the order of detention passed by the second respondent dated 31.01.2006 in
office Ref.No.C3.D.O.No.13/2006 inst the petitioner Govindasamy S/o Annamalai,
now confined in Central Prison, Vellore, Vellore District and set aside the
same and direct the respondents to produce the detenu before this Court and
set him at liberty.
!For Petitioner : Mr.E.Kannadasan
^For Respondents : Mr.M.Babu Muthu Meeran
Addl. Public Prosecutor
:ORDER
(Order of the Court was made by V.DHANAPALAN, J.)
The petitioner by name Govindasamy, who was detained as a ”Goonda” as
contemplated under the Tamil Nadu Prevention of Dangerous Activities of
Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic
Offenders, Slum Grabbers and Vide rates Act, 1982(Tamil Nadu Act 14 of 1982),
by the impugned detention order dated 31.01.2006, 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 Ad te has placed the details,
which show that the representation of the detenu dated 06.03.2006 was received
by the Government on 07.03.2006 and remarks were called for on 08.03.2006 and
the reminder was sent on 15.03.2006. Thereafter, the remarks were received by
the Government on 3 0.03.2006 and the File was submitted on 31.03.2006 and the
same was dealt with by the Under Secretary on the same day i.e. on 31.03.2006
and by the Deputy Secretary on 03.04.2006 and finally, the Minister for
Prohibition and Excise passed orders on 04 .04.2006. The rejection letter was
prepared on 10.04.2006 and the same was sent to the detenu on the same day
i.e. on 10.04.2006 and served to him on 15.04.2006. As rightly pointed out
by the learned counsel for the petitioner, though the Minister for Prohibition
and Excise passed an order on 04.04.2006, there is no explanation at all for
taking time for preparation of rejection letter till 10.04.2006. In the
absence of any explanation by the person concerned even after excluding the
intervening ho lidays, 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 detentio n.
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.
raa
To
1. The Secretary to Government,
State of Tamil Nadu,
Prohibition and Excise Department,
Fort St. George, Chennai 600 009.
2. The The District Magistrate and
District Collector,Vellore District,
Vellore
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.