Ramakrishnan vs The Government of Tamil Nadu

P. Sathasivam, J.—The petitioner challenges the detention order dated 05.07.2005, detaining his brother by name Manikandan 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 ).

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 was received by the Government on

12.08.2005, remarks were called for on 16.08.2005 and the same were received from the Sponsoring Authority on 22.08.2005. Thereafter, File

was dealt with by the Under Secretary and Deputy Secretary on 23.08.2005. Finally, the Minister for Prohibition and Excise passed orders on

24.08.2005. However, the rejection letter was prepared only on 02.09.2005. The said letter was sent to the Central Prison for service on the

same date and served to the detenu on 08.09.2005.

As rightly pointed out by the learned counsel for the petitioner, though the competent authority, viz., Minister for Prohibition and Excise, passed

orders on 24.08.2005, there is no reason for taking time till 02.09.2005 for preparation of the rejection letter. In the absence of proper

explanation, even if we exclude the intervening holidays on Saturday and Sunday, 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.