ANBU Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Habeas Corpus Petition has been filed to call for the records relating to the order of the second respondent, dated 29.08.2012, made in C.M.P. No. 20 of 2012, and quash the same, and to produce the detenu, namely, Anbu, son of Rajangam, aged about 27 years, confined in the Central Prison, Madurai, before this Court and to set him at liberty. The petitioner has stated that the second respondent had passed the impugned detention order, dated 29.08.2012, 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 orders issued by the State Government, in G.O. (D). No. 120, 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 Anbu, in the Central Prison, Madurai, terming him as a 'Goonda'.

(2.) Even though various grounds had been raised by the petitioner, in the present Habeas Corpus petition, while challenging the impugned detention order, dated 29.8.2012, the learned counsel appearing on behalf of the petitioner had submitted that the said detention order C.M.P. No. 20 of 2012, is liable to be set aside, merely on the ground of delay in the disposal of the representation, dated 3.9.2012, made on behalf of the detenu.

(3.) It has also been pointed out that the representation made on behalf of the detenu, dated 3.9.2012, was received, on 6.9.2012, and the remarks were called for, on 7.9.2012. The remarks had been received, only on 14.9.2012, after a delay of 7 days, out of which 2 days i.e. 8.9.2012 and 9.9.2012 were government holidays. As such, there has been an actual delay of 5 days in dealing with the representation made on behalf of the detenu.