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2014 DIGILAW 1387 (MAD)

Saraswathi v. State of Tamil Nadu, Rep. by its Secretary to Government

2014-06-14

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment V. Dhanapalan, J. 1. The petitioner is the mother of the detenu and detenu has been branded as a Goonda as contemplated under Tamil Nadu Act 14 of 1982 and detained under the order of the second respondent passed in BDFGISSV/1767 of 2013 dated 30.11.2013. 2. As per the grounds of detention dated 30.11.2013, the detenu came to the adverse notice in the following cases:– S. No. Police Station & Crime No. Section of Law 1. F-5 Choolaimedu Police Station Cr. No. 337 of 2013 341 and 302 r/w 34 IPC 2. F-5 Choolaimedu Police Station Cr. No. 1400 of 2013 397 IPC 3. F-5 Choolaimedu Police Station Cr. No. 1426 of 2013 294(b), 341, 323, 324 and 506(ii) IPC 3. In para 3 of the grounds of detention, it is stated that the detenu is also involved in the commission of the offence, which took place on 27.11.2013 at 9.00 hours, which led to the registration of a case by Inspector of Police, F-5 Choolaimedu Police Station, in Crime No. 1451 of 2013 for the offences under Sections 341, 294(b), 427, 307, 336 and 506(ii) IPC. It is further stated that the detenu was arrested and produced before the learned 17th Metropolitan Magistrate, Saidapet, Chennai on the same day and remanded to judicial custody. The detaining authority, on being satisfied upon the materials placed before him that the activities of the detenu are prejudicial to the maintenance of public order, clamped the order of detention. Challenging the said order, the petitioner is before this Court by way of this habeas corpus petition. 4. Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he mainly focused his argument on the ground that there is a delay in disposal of the representation dated 15.12.2013, which is violative of Article 22(5) of the Constitution of India and therefore, on this sole ground alone, the detention order is liable to be quashed. 5. We have heard the learned Additional Public Prosecutor on the above submission of the learned counsel for the petitioner and perused the records. 6. 5. We have heard the learned Additional Public Prosecutor on the above submission of the learned counsel for the petitioner and perused the records. 6. On a careful scrutiny of the impugned order, it is seen that the detaining authority has passed the order of detention on 30.11.2013 and on receipt of a copy of detention order, a representation dated 15.12.2013 was made to the authorities concerned, which was received on 17.12.2013, for which the remarks called on 17.12.2013. On submission of the file on 18.3.2014, it was dealt with by both the Under Secretary and Deputy Secretary on the same day and thereafter, the file was submitted to the Minister on 28.3.2014. Finally the representation of the detenu was decided to be rejected vide letter dated 1.4.2014. 7. In this whole process, there occurred an inordinate delay of more than one month namely, between 17.12.2013 and 18.3.2014, which would definitely cause great prejudice to the detenu and amount to an infringement of right ensured under Article 22(5) of the Constitution of India. Therefore, the impugned detention order cannot be sustained and is vitiated. 8. In the result, this habeas corpus petition is allowed and the impugned detention order made in BDFGISSV No. 1767 of 2013 dated 30.11.2013, is set aside. The detenu Parthiban, son of Gemini Lakshmanan, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case. 9. However, in view of serious offences involved in this matter, it is open to the prosecution to effectively contest the matter before the Regular Court, uninfluenced by the above order. It is also made clear that this order shall not confer any right or advantage whatsoever to the detenu to claim anything before the Regular Court.