LAWS(MAD)-2022-4-16

NISHA Vs. STATE OF TAMIL NADU

Decided On April 11, 2022
NISHA Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) The petitioner is the daughter of detenu, namely,Rajapandian, S/o.Pitchandi Thevar, aged about 52 years. The detenu has been detained by the second respondent by his proceedings in M.H.S. Confdl. No. 142/2021 dtd. 14/9/2021 holding him to be a "Goonda", as contemplated under Sec. 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representations made by the petitioner were not considered on time and there was an inordinate and unexplained delay with regard to the same.