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2006 DIGILAW 1606 (MAD)

Raja alias Senthil Raja v. The Commisioner of Police & Others

2006-07-03

P.SATHASIVAM, V.DHANAPALAN

body2006
Judgment :- (Petition under Article 226 of the Constitution of India for the issuance of a Writ of Habeas Corpus to call for the records pertaining to the order of detention passed by the first respondent herein and made in Memo No.64/BDFGISV/2006 dated 06.03.2006, set aside the same and to direct the third respondent to produce the body of the petitioner Raja @ Senthil Raja, now confined in Central Prison, Chennai before this Court and set him at liberty.) V. Dhanapalan, J. The petitioner by name Raja @ Senthilraja, who is detained as a "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), by the impugned detention order dated 06.03.2006, challenges the same in this Petition. 2. Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the respondents. 3. 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 Additional Public Prosecutor has placed the details, which show that the representation of the detenu dated 3 1.03.2006 was received by the Government on 03.04.2006 and remarks were called for on 04.04.2006 and the remarks were received by the Government on 07.04.2006 and the File was submitted on 10.04.2006 and the same was dealt with by the Under Secretary and Deputy Secretary on the same day i.e. on 10.04.2006 and finally, the Minister for Prohibition and Excise passed orders on 11.04.2006. The rejection letter was prepared on 05.05.2006 and the same was sent to the detenu on the same day on 05.05.2006 and served to him on 06.05.2006. As rightly pointed out by the learned counsel for the petitioner, though the Minister for Prohibition and Excise passed an order on 11.04.2006, there is no explanation at all for taking time for preparation of rejection letter till 05.05.2006. 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. 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. 4. 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.