Research › Search › Judgment

Madras High Court · body

2020 DIGILAW 1043 (MAD)

Subbulakshmi v. State of Tamil Nadu

2020-07-17

K.KALYANASUNDARAM, T.KRISHNAVALLI

body2020
JUDGMENT : K. Kalyanasundaram, J. 1. The petitioner is the mother of the detenu, namely, Sankar Ganesh, son of Uchimahali, aged about 25 years. The detenu has been detained, as per the order of the second respondent, dated 14.10.2019, under Section 2(f) of the Tamil Nadu Act 14 of 1982, branding him as "Goonda". Challenging the same, the petitioner is before this Court with this Habeas Corpus Petition. 2. Though various grounds have been raised to assail the order of detention, it is the submission of the learned counsel for the petitioner that the order has been passed in violation of Articles 21 and 22 of the Constitution of India. It is urged by the learned counsel for the petitioner that there was an inordinate and unexplained delay in disposal of the representation of the petitioner. 3. The learned Additional Public Prosecutor would argue that the delay has been explained in the counter affidavit filed by the respondents. 4. Heard the rival submissions and perused the records. 5. In the instant case, the detention order was passed on 14.10.2019. Against the order of detention, a representation dated 18.10.2019, was made by the petitioner. It was received by the Deputy Secretary on 08.11.2019. Thereafter, the file was pending with the Minister for Electricity, P and E for consideration and the order rejecting the representation was passed on 27.11.2019. It is the contention of the petitioner that there was a delay of 13 days in considering the representation. 6. It is well settled that if the delay is not properly explained, the order of detention cannot stand to the scrutiny of the Court and in this case, in our considered opinion, the delay of 13 days has not been properly explained and therefore, the impugned order is liable to be quashed. 7. In fine, the Habeas Corpus Petition is allowed. The order of detention passed by the second respondent, in M.H.S. Confdl No. 84/2019, dated 14.10.2019, is set aside. Consequently, the detenu, namely, Sankar Ganesh, son of Uchimahali, aged about 25 years, who is now detained at Central Prison, Palayamkottai, is directed to be released forthwith unless his presence or custody or detention is required in connection with any other case/proceedings.