(1.) FATHER of the detenu, Venkatesh @ Maangai, has sought for a Writ of Habeas Corpus, to call for the records pertaining to the proceedings of the 1st respondent in M.H.S. Confdl No. 01/2014 dated 02.01.2014, quash the same, and set his son aged about 24 years, at liberty.
(2.) ASSAILING the correctness of the order of detention, Mr. Malaikani, learned counsel for the petitioner made the following submissions: -
(3.) THOUGH this ground has not been raised in the affidavit, learned counsel for the petitioner submitted that the detenu has been arrested on 23.11.2013, in connection with the ground case. He has been produced before the learned Judicial Magistrate, No. III, Tirunelveli and remanded. His remand period was due to expire on 03.01.2014. When the live link between the arrest on 23.11.2013 and commission of any prejudicial activity no longer existed, and when there was no need to detain him, after a long delay, i.e., on 02.01.2014, detention order has been passed. According to the learned counsel, no explanation has been offered by the detaining authority either in the grounds of detention nor in the affidavit and hence the order of detention is vitiated on the ground of delay in passing the said detention order. For the abovesaid reasons, learned counsel prayed to set aside the Detention Order.
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