MAHALAKSHMI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Challenge in this habeas corpus petition is made to the detention order No.15/2019, dated 05.12.2019, passed by the second respondent, branding the detenu, who is the husband of the petitioner, as "Sand Offender" as contemplated under Section 2(gg) of the Tamil Nadu Act 14 of 1982.

(2.) Mr.S.Mahendrapathy, learned counsel for the petitioner, would argue that though the order of detention has been challenged on several grounds, however, the detention order is liable to be set aside on the sole ground of delay in disposal of the representation. He would further add that the respondents have not followed the procedural safeguards guaranteed under Articles 21 and 22 of the Constitution of India.

(3.) Per contra, Mr.V.Neelakandan, learned Additional Public Prosecutor, would argue that the delay in considering the petitioner's representation would not cause any prejudice to the detenu and there is no violation of the rights guaranteed in the Constitution of India.