KUMAR Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner is the detenu viz., Kumar @ Gokulraj, son of Balaji, aged about 24 years. The detenu has been detained, as per the order of the second respondent, dated 25.09.2019, under Section 2(f) of the Tamil Nadu Act 14 of 1982, branding him as "GOONDA". Challenging the same, the petititoner is before this Court in this Habeas Corpus Petition.

(2.) Learned counsel appearing for the petitioner, assailing the correctness of the legality of the impugned detention order dated 25.09.2019, passed by the second respondent/District Collector and District Magistrate, Tiruchirappalli, branding the petitioner as "Goonda" under Section 2(f) of the Tamil Nadu Act 14 of 1982, submitted that the impugned detention order ought not to have been passed by the second respondent as there was no adverse case registered as against the petitioner and there is only one solitary ground case registered as against several accused for the offence under Sections 294(b), 452 and 302 IPC, but, the detenu alone has been booked.

(3.) Opposing the same, the learned Additional Public Prosecutor submitted that though there was a delay in considering the representation, on that score, the impugned detention order need not be interfered with, as on account of the said delay, no prejudice has been caused to the detenu and thus, there is no violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.