MENAKA Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The matter was listed before this Court today in the Additional List in view of the urgency expressed by the petitioner through e-mail to the Registrar (Judicial) that the mother of the detenu passed away on 13.03.2021 whose presence is required for performing her last rituals.

(2.) The petitioner is the sister of the detenu, Magesh @ Mageshkumar, S/o.Ramesh, aged about 21 years. The detenu has been detained by the second respondent by his order in D.O.No.96/2020-C2 dated 11.09.2020 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.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, 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 of 60 days. Since the respondents herein have deliberately sat on the representation of the petitioner presented on 23.09.2020, non-consideration of the representation for a long time without any justification would amount to violation of the life and liberty guaranteed under Article 21 of the Constitution of India. Besides, in Sumaiya vs. The Secretary to Government,2007 2 MWN(Cri) 145, a Division Bench of this Court has held that the unexplained delay of three days in disposal of the representation made on behalf of the detenu would be sufficient to set aside the order of detention. In the present case, there was no any explanation offered by the respondents for non-consideration of the representation for 60 days. Learned Counsel for the petitioner would also submit that the mother of the detenu, namely, Kaveri, aged about 45 years, died on 13.03.2021, while drowning in a lake and due to the death of the detenu's mother, the detenu is in pious obligation to perform last rites by being present in the family. Therefore, the presence of the detenu, is required to perform the last rituals of his mother.