VEL THIAGU Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 20.08.2012, made in Detention Order No.23 of 2012, and quash the same, and to produce the detenu, namely, Vel Thiagu, son of Chinnadurai, aged about 27 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty.

(2.) THE petitioner has stated that the second respondent had passed the impugned detention order, dated 20.08.2012, under sub-section (1) of Section 3 of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug- offenders, Forest-offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act,1982. (Tamil Nadu Act 14 of 1982), read with the order issued by the State Government, G.O.(D).No.126 Home, Prohibition and Excise (XVI) Department, dated 18.07.2012, under sub-section (2) of Section 3 of the said Act, directing the detention of Vel Thiagu, in the Central Prison, Madurai, terming him as a 'Goonda'.

(3.) IT has also been pointed out that the representation made on behalf of the detenu, dated 23.08.2012, was received, on 27.08.2012, and the remarks were called for, on 27.08.2012. The remarks had been received, only on 04.09.2012, after a delay of 8 days, out of which 2 days i.e. 01.09.2012 and 02.09.2012 were Government Holidays. As such, there has been an actual delay of 6 days in dealing with the representation made by the detenu.