R.SHANMUGAVALLI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The wife of the detenu, namely, Ramu @ Gym Ramu, challenges the detention of her husband by the order of the second respondent dated 12.03.2012, branding him as "Slum Grabber" as contemplated under Section 2(h) 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 (Act 14 of 1982). Based on the report of the Sponsoring Authority that the detenu has involved in certain cases and his remaining at large is prejudicial to the maintenance of public order, the Detaining Authority passed the impugned detention order on 12.03.2012. He was detained on 12.03.2012. The detention Order was served him on that day.

(2.) The learned Counsel for the petitioner, though challenged the detention order on several grounds, now confined his arguments with reference to infraction of Section 8(1) of Act 14 of 1982.

(3.) The learned Counsel for the petitioner would contend that the mandate of law incorporated in Section 8(1) of Act 14 of 1982 is that the Booklet containing materials in support of the detention Order has to be supplied to the detenu within 5 days of his detention. However, in this case that has not been followed. It is infraction of his right to make effective representation guaranteed to him under Article 22(5) of Constitution of India.