P. Elumalai vs State of Tamil Nadu

P. Sathasivam, J.—The petitioner herein challenges the impugned order of detention dated 24.08.2005, 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).

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 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 14.11.2005 was received by the Government on 15.11.2005, remarks were called for on 16.11.2005 and the same were received on 18.11.2005. Thereafter, the File was dealt with by the Under Secretary and Deputy Secretary on 21.11.2005. Finally, the Minister for Prohibition and Excise passed orders on 22.1 1.2005. However, the rejection letter was prepared only on 29.11.2005 . The said letter was sent to the Central Prison for service on the same day and served to the detenu on 30.11.2005.

As rightly pointed out by the learned counsel for the petitioner, though the competent authority, viz., Minister for Prohibition and Excise, passed orders on 22.11.2005, there is no reason for taking time till 29.11.2005 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.

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.