THIRUNAVUKKARASU MANIMARAN Vs. MMISSIONER OF POLICE MADRAS CITY

JUDGEMENT

(1.) THESE two writ petitions are filled by the detenus themselves under Article 226 of the Constitution of India, seeking for the issue of writs of habeas corpus to quash the orders of detention dated 9-1-199 1 passed against them and to set them at liberty.

(2.) THE impugned orders were passed by the Commissioner of police, Madras, the first respondent herein, in exercise of the powers conferred on him by sub-section (I) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, and Slum Grabbers Act, 1982, (Tamil Nadu Act 14 of 1982) hereinafter referred to as the Act, with a view to preventing them from acting in any manner prejudicial to the maintenance of public order.

(3.) THE impugned orders are challenged by the petitioners 011 various grounds but Mr. T. Sudanthiram, learned counsel for petitioners, confined his arguments only to the question of delay in the disposal of the representations given by the detenus. The representations were sent by the detenus on 21-1-1991 and they were rejected on 28-2-1991. Therefore, there is inordinate delay of 37 days and this would vitiate the orders of detention. It is to be noted that no counters had been filed on the side of the respondent. However, the learned Additional Public Prosecutor brought forth certain facts which were available with him.