MARIAPPAN Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) THE petitioner is the brother of the detenu, by name, Kottaisamy, aged about 27 years, who has been detained under under Section 3(1) of the Tamil Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (in short "Tamil Nadu Act 14/1982), on the orders of the second respondent, by his proceedings in M.H.S.Confdl No.58/2012, dated 5.6.2012. Now, he has been lodged at the Central Prison, Palayamkottai.

(2.) AFTER the Detention Order was passed, the detenu made a representation to the Government on 20.7.2012 and the same was received by the Government on 26.7.2012, upon which remarks were called for from the Detaining Authority on 27.7.2012 and the remarks were received by the Government only on 2.08.2012. In this aspect, there was a delay of seven days, out of which, two days were holidays. Even if allowance is given for those two days, which were holidays, still there was a delay of five 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 26.7.2012, remarks were called for from the Detaining Authority on 27.7.2012 and the remarks were received by the Government only on 2.8.2012.