Pavithra v. State, represented by the Secretary to Government
2014-07-02
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 Memo No.1938/BDFGISSV/2013 dated 15.12.2013. 2. As per the grounds of detention dated 15.12.2013, the detenu came to the adverse notice in the following cases :- Sl. No. Police Station & Crime No. Section of Law 1 V.4 Rajamangalam Police Station Cr. No.250/2013 379 I.P.C. 2 V.1 Villivakkam Police Station Cr. No.810/2013 397 I.P.C. 3 V.4 Rajamangalam Police Station Cr. No.843/2013 457 and 380 I.P.C. 4 V.1 Villivakkam Police Station Cr.No.1068/2013 380 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 12.9.2013 at 15.45 hours, which led to the registration of a case by Sub Inspector of Police, V.1 Villivakkam Police Station, in Crime No.1583 of 2013 for the offences under Section 379 I.P.C. 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 2.1.2014, 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 15.12.2013 and on receipt of a copy of detention order, a representation dated 2.1.2014 was made to the authorities concerned, which was received on 6.1.2014, for which the remarks called on 6.1.2014 were received on 20.1.2014.
6. On a careful scrutiny of the impugned order, it is seen that the detaining authority has passed the order of detention on 15.12.2013 and on receipt of a copy of detention order, a representation dated 2.1.2014 was made to the authorities concerned, which was received on 6.1.2014, for which the remarks called on 6.1.2014 were received on 20.1.2014. On submission of the file on 21.1.2014, 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 25.1.2014. Finally the representation of the detenu was decided to be rejected vide letter dated 27.1.2014. 7. In this whole process, there occurred a delay of nearly 10 days, namely, between 6.1.2014 and 20.1.2014, 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.1938/BDFGISSV/ 2013 dated 15.12.2013, is set aside. The detenu – Eazak @ Ilayaraja, son of Kesavaraj, is directed to be set at liberty forthwith, unless his custody is required in connection with any other case.