T. AMIRTHARAJ Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed by the detenu himself under Article 226 of the Constitution of India seeking for the issue of a writ of habeas corpus for quashing the order of detention dated 6.8.1990 and setting him at liberty.

(2.) THE detenu came to the adverse notice of the authorities as a goonda in view of the two cases referred to in the preamble and detained on the basis of the ground case.

(3.) IN paragraph 3 of the counter affidavit, it is stated that the order of detention was passed on 6.8.1990 and it was served on him on 8.8.1990. The order of detention made by the 2nd Respondent was forwarded to the Advisory Board on 7.8.1990. The Adversary Board has recommended the continuous detention of the detenu on 11.9.1990 and the Government considered the opinion of the Advisory Board and agreed with it and passed the order of confirmation in G.O. (D) No. 217, Home, Prohibition and Exercise (XII) Department dated 12.11.1990 and it was served on the detenu on 19.11.1990. It is not in dispute that the order of confirmation has been passed after the expiry of three months from the date of arrest of the detenu.