Kasthuri v. State of Tamil Nadu, rep. by the Secretary to Government
2014-06-17
G.CHOCKALINGAM, V.DHANAPALAN
body2014
DigiLaw.ai
Judgment V. Dhanapalan, J. 1. The petitioner is the mother 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 BDFGISSV No.1310/2013 dated 12.10.2013. 2. The detenu came to adverse notice in the following case: S. No. Police Station and Crime No. Sections of Law 1 J-13 Tharamani Police Station Crime No.1600/2012 379 IPC 2 J-9 Thuraipakkam Police Station Crime No.1016/2013 341, 324, 294(b), 506(ii) IPC 3 J-9 Thuraipakkam Police Station Crime No.1596/2013 342, 323, 307 IPC r/w 3(1) of TNPPDL Act The ground case alleged against the detenu is one registered on 01.10.2013 by the Sub Inspector of Police, J-9 Thuraipakkam Police Station in Crime No.1602/2013 for offences under Sections 341, 323, 392, 336, 427 and 506(ii) 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 12.10.2013 and it was received by the competent authority on 23.10.2013; remarks were called on 27.10.2013 and only on 27.11.2013 remarks were received and file was submitted on 28.11.2013; the Deputy Secretary dealt with it on the same day; on 03.12.2013, the Minister (Electricity, Prohibition and Excise) dealt with it and rejected it on 05.12.2013. 6. Verification of the above dates and events would clearly show that there is unexplained delay of more than twenty (20) days between 27.10.2013, the date on which remarks were called for and 27.11.2013, the date on which remarks were received, excluding holidays. The said delay is not explained by the competent authority.
6. Verification of the above dates and events would clearly show that there is unexplained delay of more than twenty (20) days between 27.10.2013, the date on which remarks were called for and 27.11.2013, the date on which remarks were received, excluding holidays. 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 BDFGISSV No.1310/2013 dated 12.10.2013 is hereby quashed and the Habeas Corpus Petition is allowed. The detenu, namely Mariappan @ Iyer in this case is set at liberty forthwith, unless his custody is required in connection with any other case.