(1.) THIS Habeas Corpus Petition has been filed to call for the records relating to the order of the first respondent, dated 09.08.2012, made in P.D.No.21/2012, and quash the same, and to produce the detenu, namely, Balakrishnan, aged 30 years, son of Thankaraj, confined in the Central Prison, Palayamkottai, before this Court and to set him at liberty.
(2.) THE petitioner has stated that the first respondent had passed the impugned detention order, dated 09.08.2012, 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.132, 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 Balakrishnan, in the Central Prison, Palayamkottai, terming him as a 'Goonda'.
(3.) IT has also been pointed out that the representation made on behalf of the detenu, dated 20.08.2012, was received, on 23.08.2012, and the remarks were called for, on 24.08.2012. The remarks had been received only, on 15.09.2012 after a delay of 22 days, out of which 6 days i.e. 25.08.2012, 26.08.2012, 01.09.2012, 02.09.2012, 08.09.2012 and 09.09.2012 were government holidays. As such, there has been an actual delay of 6 days in dealing with the representation made on behalf of the detenu.