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Judgment
18 paragraphs · 374 wordsP. Sathasivam, J.—The petitioner, who is the father of the detenu by name S.Sambandam @ Sampath Kumar @ Siva Sambandam, who
was detained as a ''''Goonda"" as contemplated under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest
Offers, Goondas, Immoral Traffic Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982), by the impugned
detention order dated 07.12.2005, challenges the same in this Petition.
Heard learned Counsel for the petitioner as well as learned Government Advocate for the respondents.
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 Advocate has placed the details, which show that
the representation of the detenu dated 06.01.2006 was received by the Government on 09.01.2006 and remarks were called for on 10.01.2006.
Thereafter, the remarks were received by the Government on 13.01.2006 and the File was submitted on 16.01.2006 and the same was dealt with
by the Under Secretary and the Deputy Secretary on the same date i.e. on 16.01.2006 and finally, the Minister for Prohibition and Excise passed
orders on 17.01.2006. The rejection letter was prepared on 30.01.2006 and the same was sent to the detenu on the same date i.e. on
30.01.2006 and served to him on 31.01.2006. As rightly pointed out by the learned Counsel for the petitioner, though the Minister for Prohibition
and Excise passed an order on 17.01.20 06, there is no explanation at all for taking time for preparation of rejection letter till 30.01.2006. 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.
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.