SASIKALA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner is the husband of the detenu by name M. Ilayaraja, S/o Muniamuthu, aged about 32 years, who has been detained under Section 3(1) of the Tamil Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabber and Video Pirates Act, 1981 (in short "Tamil Nadu Act 14 of 1982", on the orders of the second respondent, by his proceedings in PD No.16 of 2012, dated 24.4.2012. Now, he has been lodged at Central Prison, Trichy.

(2.) AFTER the Detention Order was passed, the detenu made a representation to the Government on 15.6.2012 and the same was received by the Government on 19.6.2012, upon which remarks were called for from the Detaining Authority on 20.6.2012 and the remarks were received by the Government only on 3.7.2012. Thereafter, the said representation was dealt with by the Deputy Secretary on 3.7.2012 and the same was rejected by the Hon'ble Minister on 4.7.2012. The rejection letter was served on the detenu on 9.7.2012. In this aspect, there was a delay of 13 days, out of which, 4 days were holidays. Even if allowance is given for those 4 days, which were holidays, still there was a delay of 9 days. Seeking to quash the said Detention Order and to set the detenu at liberty, the petitioner has come up with this Habeas Corpus Petition.

(3.) THE learned Additional Public Prosecutor has produced a proforma detailing the dates and events. In the said proforma, it has been admitted that the representation of the detenu was received on 19.6.2012 remarks were called for from the Detaining Authority on 20.6.2012 and the remarks were received by the Government only on 3.7.2012. The remarks were dealt with by the Deputy Secretary on 3.7.2012 and the Hon'ble Minister rejected the representation of the detenu on 4.7.2012.