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2014 DIGILAW 1533 (MAD)

Arasamma v. Commissioner of Police

2014-06-18

G.CHOCKALINGAM, V.DHANAPALAN

body2014
Judgment : V. Dhanapalan, J. 1. The petitioner is the grand-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 first respondent passed in Memo No.1620/BDFGISSV/2013 dated 15.11.2013. 2. As per the grounds of detention dated 15.11.2013, the detenu came to the adverse notice in the following cases :- Sl. No. Police Station & Crime No. Section of Law 1 K.5 Peravallur Police Station Cr. No.1188/2011 379 r/w 34 I.P.C. 2 T.3 Korattur Police Station Cr. No.1424/2013 379 I.P.C. 3 V.4 Rajamangalam Police Station Cr. No.1529/2013 341, 336, 294(b), 392 and 506 (ii) 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 26.10.2013 at 7.00 hours, which led to the registration of a case by Inspector of Police, V.4 Rajamangalam Police Station, in Crime No.1547 of 2013 for the offences under Sections 341, 336, 294(b), 397 and 506(ii) I.P.C. It is further stated that the detenu was arrested and produced before the learned XIII Metropolitan Magistrate, Egmore, 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 2.12.2013, 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. On a careful scrutiny of the impugned order, it is seen that the detaining authority has passed the order of detention on 15.11.2013 and on receipt of a copy of detention order, a representation dated 2.12.2013 was made to the authorities concerned, which was received on 4.12.2013, for which the remarks called on 4.12.2013 were received on 3.1.2014. 6. On a careful scrutiny of the impugned order, it is seen that the detaining authority has passed the order of detention on 15.11.2013 and on receipt of a copy of detention order, a representation dated 2.12.2013 was made to the authorities concerned, which was received on 4.12.2013, for which the remarks called on 4.12.2013 were received on 3.1.2014. On submission of the file on 3.1.2014, 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 10.1.2014. Finally the representation of the detenu was decided to be rejected vide letter dated 24.1.2014. 7. In this whole process, there occurred a delay of more than 15 days, namely, between 4.12.2013 and 3.1.2014, 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 Memo No.1620/BDFGISSV /2013 dated 15.11.2013, is set aside. The detenu – Hariprasath, son of Gajendran, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.