LAWS(MAD)-2021-7-72

NAGARAJ Vs. SECRETARY TO GOVERNMENT

Decided On July 19, 2021
NAGARAJ Appellant
V/S
SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The petitioner is the father of the detenu Yuvaraj, aged about 24 years, son of Nagaraj. The detenu has been detained by the second respondent by his order in Memo No.460/BCDFGISSSV/2020 dated 11.11.2020, holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. 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 Government Advocate (Crl.Side) appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(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.