CHELLAMMAL Vs. GOVT. OF TAMIL NADU REP. BY ITS SECRETARY TO GOVT., PUBLIC (LAW & ORDER) DEPT., FORT ST. GEORGE, MADRAS

JUDGEMENT

(1.) The petitioner is the mother of the detenu who had been detained under the Tamil Nadu Act 14 of 1982 by the order, dated 9.9.1999 as a "Goonda".

(2.) The only ground urged by the learned counsel for the petitioner is that there is an inordinate delay in passing the order of detention. As per the records, the ground case is dated 25.7.1999 and the recovery was effected and the statements were recorded on the same day and though there is nothing further to be done, the detention order was passed on 9.9.1999. This delay is unexplained and it will vitiate the order of detention.

(3.) The learned Government Advocate appearing for the prosecution has filed an additional affidavit signed by the sponsoring Authority to explain the reason for the inordinate delay. As per this affidavit, it is seen that three adverse cases were refused before the detaining authority of which one relates to J-1 Thirunagar Police Station and two others relate to J-1 Sellur Police Station. So, they had to gather the materials relating to these two adverse cases. In the meantime, the detenu had preferred a bail application in Crl.M.P. 4794 of 1999 which was rejected by the order, dated 16.8.1999 and the copy of the said order was obtained on the same day. In the meanwhile, the detenu was produced before the learned Magistrate for the purpose of extension of remand and extension was ordered on 6.9.1999. Since all these orders were relevant materials to be produced before the detaining authority, they had to collect them and the proposal was sent to the detaining authority on 7.9.1999 and the detention order was passed on 9.9.1999. So, according to the prosecution, there was no delay.