S.ALAMELUMANGAI Vs. PRINCIPAL SECRETARY TO GOVERNMENT HOME

JUDGEMENT

(1.) This habeas corpus petition has been filed by the sister of the detenue, namely, Jeyanthi, wife of Rajkumar, 40 years, against the detention order passed by the second respondent, in P.D.O.No.54/2020, dated 18.06.2020, branding her as "Goonda" as contemplated under Section 2(f) of Tamil Nadu Act, 14 of 1982.

(2.) It is submitted by Mr.K.Kumaravel, learned counsel for the petitioner that though the detention order has been assailed on several grounds, it is liable to be set aside on the ground that there was no proper intimation of arrest of the detenue either to her family members or her relatives. According to the learned counsel for the petitioner, the non-intimation of arrest would seriously affect the valuable rights of the detenue to make effective representation to the Authorities concerned for revocation of the detention order.

(3.) Per contra, Mr.V.Neelakandan, learned Additional Public Prosecutor appearing for the respondents, while reiterating the counter affidavit filed by the second respondent, submitted that the detention order has been passed by the Detaining Authority after satisfying with the materials placed by the Sponsoring Authority and there is no illegality or irregularity in the impugned detention order. Furthermore, the intimation of arrest of the detenue was given through SMS and hence, the rights of the detenue has not been affected in any manner.