CHITRA Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) PETITIONER, who is the mother of the detenu by name Jayakumar, challenges the detention order dated 16. 01. 2005, detaining her son as a goonda 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, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) (hereinafter referred to as "act 14 of 1982" ).

(2.) AFTER taking us through the grounds of detention and all other connected materials, learned counsel appearing for the petitioner, has raised the following contentions;

(3.) COMING to the first contention, namely, delay in disposal of representation of the detenu, the particulars furnished by the learned Government Advocate (Criminal Side) shows that the representation was received by the Government on 09. 02. 1995 and remarks were called for on 10. 02. 2005. Remarks were received on 14. 02. 2005 and the file was submitted for consideration on 15. 02. 2005. The same was dealt with by Under Secretary and Deputy Secretary on 16. 02. 2005. The Minister for Prohibition and Excise passed an order on 17. 02. 2005. Rejection letter was prepared on 23. 02. 2005 and the same was served on the detenu on 26. 02. 2005. Though the Minister has considered and passed orders on 17. 02. 2005, according to the learned counsel, rejection letter was prepared only on 23. 02. 2005.