IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 07/03/2006
Coram
The Hon'ble Mr. Justice P.SATHASIVAM
and
The Hon'ble Mr. Justice J.A.K. SAMPATHKUMAR
Habeas Corpus Petition No.1198 of 2005
Krishnasamy ... Petitioner
-Vs-
1. The Secretary to Government,
Prohibition & Excise Dept.,
Govt. Of Tamil Nadu,
Fort St. George,
Chennai-9.
2. The Commissioner of Police
Greater Chennai,
Egmore, Chennai-8.
3. The Inspector of Police, L & O
R-8 Vadapalani Police Station,
Chennai-600 026.
4. The Superintendent,
Central Prison,
Chennai 600 003. ... Respondents
Petition under Article 226 of the Constitution of India for the
issuance of writ of habeas corpus to call for the records in Memo No.246/
BDFGISV/2005 dated 25.05.2005 from the file of the 2nd respondent, set aside
the order of detention passed by the 2nd respondent, cause production of body
and person of detenu Krishnasamy, son of Thavasi Devar (who is now detained in
Central Prison, Chennai-3 under the control of the 4th respondent) before this
Court and set him at liberty.
!For Petitioner : Mr.N.Doraisamy, for
Mr.K.P.Kesavan
^For Respondents : Mr.Abudukumar Rajarathinam,
Government Advocate.
:O R D E R
(Order of the Court was made by P.SATHASIVAM, J.)
The petitioner herein challenges the impugned order of detention dated
25.05.2005, detaining him as ‘Goonda’ 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).
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 was inordinate delay in disposal of the representation of the detenu.
The particulars furnished by the learned Government Advocate show that
the representation of the detenu dated 08.07.2005 was received by the
Government on 11.07.2005, remarks were called for on 12.07.2005 and the same
were received on 20.07.2005. Thereafter, the File was dealt with by the Under
Secretary and Deputy Secretary on 21.07.2005. Finally, the Minister for
Prohibition and Excise passed orders on 22.0 7.2005. However, the rejection
letter was prepared only on 29.07.2005 . The said letter was sent to the
Central Prison for service on on 01.08.2005 and served to the detenu on
02.08.2005.
4. As rightly pointed out by the learned counsel for the petitioner,
though the competent authority, viz., Minister for Prohibition and Excise,
passed orders on 22.07.2005, there is no reason for taking time till
29.07.2005 for preparation of the rejection letter. In the absence of proper
explanation, even if we exclude the intervening holidays, we hold that the
delay is on the higher side, which caused prejudice to the detenu in
considering his representation effectively. On this ground, the impugned
order of detention is quashed.
5. Accordingly, the Habeas Corpus Petition is allowed and the
impugned order of detention is quashed. The detenu is directed to be set at
liberty forthwith from the custody unless he is required in some other case or
cause.
JI.
To 1. Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai 600 009. 2. The Commissioner of Police Greater Chennai City Egmore, Chennai 600 009. 3. The Superintendent, Central Prison, Chennai.
(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.
6. Inspector of Police L&O, R-8 Vadapalani P.S., Chennai.