Research › Search › Judgment

Madras High Court · body

2014 DIGILAW 1411 (MAD)

Sulochana v. Secretary to Government, State of Tamil Nadu, Home, Prohibition & Excise Department Fort St. George

2014-06-16

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. The petitioner is the wife of the detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in D.O.No.81/2013-C2 dt.12.09.2013. 2. The detenu came to adverse notice in the following cases : S.No. Police Station and Crime No. Sections of Law 1 Kadaladi Police Station Cr.No.257/2013 457 and 380 IPC 2 Kadaladi Police Station Cr.No.278/2013 457 and 380 IPC The ground case alleged against the detenu is one registered on 15.08.2013 by the Inspector of Police, Kadaladi Police Station in Crime No.310/2013 for offences under Sections 341, 394 IPC. 3. Though the learned counsel for the petitioner raised several grounds to assail the impugned order of detention, he mainly focused his arguments on the question of delay in consideration of the petitioner's representation, which has not been properly explained by the respondents. Therefore, it would vitiate the rights guaranteed under Article 22(5) of the Constitution of India. 4. We have heard Mr. P. Govindarajan, learned Additional Public Prosecutor on the above point and perused the records. 5. On a perusal of the list informing the course of consideration of the petitioner's representation, it is seen that the Detention Order was passed on 12.09.2013; the detenu made a representation to the detaining authority dated Nil and it was received by the competent authority on 18.10.2013; remarks were called on 21.10.2013 and only on 28.10.2013 remarks were received and file was submitted on 29.10.2013. The Deputy Secretary dealt with on the same day and the Minister (Electricity, Prohibition and Excise) dealt with it on 31.10.2013 and the Rejection letter was prepared on 05.11.2013. 6. Verification of the above dates and events would clearly show that there is unexplained delay of more than five [5] days between 21.10.2013, the date on which remarks were called for and 28.10.2013, the date on which remarks were received [7 days]; and between 31.10.2013, the date on which the Minister has dealt with the case and 05.11.2013, the date on which rejection letter was prepared [5 days] excluding holidays [4 days]. The said delay is not explained by the competent authority. The said delay is not explained by the competent authority. Therefore, it is apparent that there has been an inordinate and unexplained delay in consideration of the petitioner's representation and the same contradicts the requirement of Article 22(5) of the Constitution of India and the consequence thereof is in infringement of the right of Article 21 of the Constitution of India. 7. Accordingly, the impugned detention order passed by the second respondent in D.O.No.81/2013-C2 dated 12.09.2013 is hereby quashed and the Habeas Corpus Petition is allowed. The detenu, namely Gangadharan, in this case is set at liberty forthwith, unless his custody is required in connection with any other case.