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Judgment
7 paragraphs · 251 wordsSunder Mohan, J
The wife of detenu - Krishnamoorthi, S/o. Suttakizhavan, aged 66 years, has filed this petition challenging the detention order dated 16.09.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).
We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Criminal Side) for respondents.
In this case, the detention order was passed on 16.09.2025 and served on the same day. However, we find that the booklet containing the documents relied upon by the detaining authority was furnished only on 23.09.2025, which is beyond the statutory limit of five days from the date of the detention order. Section 8 of Act 14/1982 mandates that the grounds of detention have to be furnished within five days from the date of detention. It is well settled that the grounds of detention includes all relevant documents, relied upon by the detaining authority.
Therefore, in view of the statutory violation, the impugned detention order is liable to be set aside, as further detention of the detenu becomes illegal.
In light of the aforesaid discussion, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in C3/D.O./100/2025 dated 16.09.2025 is set aside.
The detenu, viz., Krishnamoorthi, S/o. Suttakizhavan, aged 66 years, who is now confined in Central Prison, Cuddalore, is hereby directed to be set at liberty forthwith unless his presence is required in connection with any other case.