LAWS(MAD)-2020-10-330

KASTHURI Vs. UNION OF INDIA

Decided On October 08, 2020
KASTHURI Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The petitioner is the mother of Kuralarasan @ Kural, S/o.Gengan, Hindu, aged about 23 years, who is the detenu. The detenu has been detained by the third respondent by his order in 01/DM/RO/D2/PPASAA/2020 dated 07.01.2020, holding him to be a "Dangerous Person", as contemplated under the provisions of the Puducherry Prevention of Anti-Social Activities Act, 2008 (Act No.10 of 2010). The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel appearing for the petitioner and the learned Public Prosecutor(Puducherry) appearing for respondents 2 and 3 and we have also perused the records carefully.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay.