SUBASH Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Challenging the detention order passed by the second respondent, dated 28.02.2020, made in Cr.M.P.No.03/Goonda/2020, the detenu viz., Raju, S/o.Baskaran, has filed this Habeas Corpus Petition.

(2.) The learned counsel appearing for the petitioner Mr.R.Alagumani, would submit that though the detention order has been challenged by the petitioner on several grounds, he confines his argument on the ground of failure on the part of the detaining authority to inform the arrest of the detenu to his family members or his relatives and the procedural safeguards guaranteed under Article 21 and 22 of the Constitution of India is violated. It is the submission of the learned counsel for the petitioner that there is no proper intimation about the arrest of the detenu to his family members and the representation of the detenu was not considered on time.

(3.) Per contra, Mr.V.Neelakandan, learned Additional Public Prosecutor appearing for the respondents would submit that the detention order came to be passed by the second respondent on satisfying with the cogent and relevant materials furnished by the detaining authority and also taking note of the antecedents of the petitioner. According to the learned Additional Public Prosecutor, there is no illegality or irregularity in the detention order warranting interference of this Court and the delay has caused no prejudice on the detenue and hence prayed for dismissal of this Habeas Corpus Petition.