BALAMURUGAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 10.08.2012, made in Detention Order No.21/2012, dated 10.8.2012 and quash the same, and to produce the detenu, namely, M.Balamurugan, son of Mani, aged about 26 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 10.08.2012, 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, in G.O.(D) No.126, Home Prohibition and Excise (XVI) Department, dated 18.7.2012, under sub-section (2) of Section 3 of the said Act, directing the detention of M.Balamurugan, 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 14.8.2012, was received, on 17.8.2012, and the remarks were called for, on 17.8.2012. The remarks had been received, only on 31.8.2012, after a delay of 14 days, out of which 5 days i.e. 18.8.2012, 19.8.2012, 20.8.2012, 25.8.2012 and 26.8.2012 were government holidays. As such, there has been an actual delay of 9 days in dealing with the representation made on behalf of the detenu, on the second count.