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.106 of 2006
P. Selvam .. Petitioner
-Vs-
1. The State of Tamil Nadu
rep. by its Secretary
Prohibition & Excise Department
Government of Tamil Nadu
Fort St. George
Chennai 600 009.
2. The Commissioner of Police
Salem City. .. Respondents
Petition filed under Article 226 of the Constitution of India
praying for issuance of writ of habeas corpus as stated therein.
For petitioner : Ms. R. Subadra Devi
For respondents : Mr. Abudukumar Rajaratrhinam
Govt., Advocate (Crl.)
:ORDER
(Order of the Court was made by P. SATHASIVAM,J.,)
The petitioner by name P. Selvam, challenges the impugned
order of detention dated 31.07.2005, detaining his friend Kizhinjavayan @
Sakthivel, 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 15.01.2006
was received by the Government on 19.01.2006, reminder was sent on 20.01.2006
and remarks were received on 27.01.2006. After receipt of the remarks, the
file was submitted on the same day and it was dealt with by the Under
Secretary and the Deputy Secretary on 30.01.2006; order was passed by the
Minister for Prohibition and Excise on 31.01.2006, rejection letter was
prepared on 07.02.2006; the same was sent to the detenu on 08.02.2006 and the
rejection letter was served on the detenu on 10.02.2006. As rightly pointed
out though the concerned Minister has passed an order on 31.01.2006, there is
no explanation or reason for not forwarding the same to the detenu till
10.02.2006. In the absence of any explanation, we hold that the delay between
31.01.2006 and 10.02.2006 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 Commissioner of Police
Salem City.
3. The Director General of Police
Chennai 4.
4. The Superintendent
Central Prison, Salem.
5. The Public Prosecutor
High Court, Madras.