A. Subha v. State of Tamil Nadu, Rep. by its Secretary to Government
2014-06-17
G.CHOCKALINGAM, V.DHANAPALAN
body2014
DigiLaw.ai
Judgment : V. Dhanapalan, J. 1. The petitioner is the wife of the detenu and the 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 No.1775/BDFGISSV/2013 dated 1.12.2013. 2. As per the grounds of detention dated 1.12.2013, the detenu came to the adverse notice in the following cases :- Sl. No. Police Station & Crime No. Section of Law 1 H.8 Thiruvottiyur Police Station Cr. No.203/2010 341, 294(b), 307, 333 and 506(ii) I.P.C. 2 H.8 Thiruvottiyur Police Station Cr.No.376/2012 457 and 380 I.P.C. 3 M.2 Madhavaram Milk Colony Police Station Cr. No.184/2013 380 I.P.C. 4 H.8 Thiruvottiyur Police Station Cr.No.1470/2013 384 and 506(i) I.P.C. 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 22.11.2013 at 8.30 hours, which led to the registration of a case by Inspector of Police, H.8 Thiruvottiyur Police Station, in Crime No.1474 of 2013 for the offences under Sections 341, 336, 427, 392 r/w 397 and 506(ii) I.P.C. It is further stated that the detenu was arrested and produced before the learned Judicial Magistrate, Thiruvottiyur, Chennai on the same day and the detenu was 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 19.12.2013, 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 1.12.2013 and on receipt of a copy of detention order, a representation dated 19.12.2013 was made to the authorities concerned, which was received on 20.12.2013, for which the remarks called on 20.12.2013 were received on 24.1.2014. On submission of the file on 27.1.2014, 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 28.1.2014. Finally the representation of the detenu was decided to be rejected vide letter dated 29.1.2014. 7. In this whole process, there occurred a delay of more than 20 days, namely, between 20.12.2013 and 24.1.2014, excluding the holidays, 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 No.1775/BDFGISSV/2013 dated 1.12.2013, is set aside. The detenu – Anandan, son of Nagaraj, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.