M. LEELA Vs. THE STATE OF TAMILNADU, REP. BY ITS SECRETARY TO GOVERNMENT AND THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, TIRUVANNAMALAI

JUDGEMENT

(1.) THE daughter -in -law of the detenu is before this Court challenging the proceedings in D.O. No. 78/2013 -C2, dated 05.09.2013 on the file of the 2nd respondent, seeking to quash the same and for a direction to the respondents to set her at liberty from detention. The detenu came to adverse notice in the following cases: <FRM>JUDGEMENT_277_LAWS(MAD)4_2014.htm</FRM>

(2.) THOUGH the learned counsel for the petitioner raised several grounds to assail the impugned order of detention, he mainly focussed his arguments on the question of delay in consideration of the petitioner's representation, which has not been properly explained by the respondents. Therefore, it would vitiate the rights guaranteed under Article 22(5) of the Constitution of India.

(3.) ON a perusal of the list informing the course of consideration of the petitioner's representation, it is seen that the Detention Order was passed on 05.09.2013; the detenu made a representation to the detaining authority on 10.09.2013 and it was received by the competent authority on 23.09.2013; remarks were called on 27.09.2013 and only on 03.10.2013 remarks were received and file was submitted on 08.09.2013; the Under Secretary and the Deputy Secretary dealt with it on 09.10.2013; on 12.10.2013, the Minister (Electricity, Prohibition and Excise) dealt with it and rejected it on 17.10.2013.