T PALANIYAMMAL Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) ONE T. Palaniammal, wife of Tamilarvan, has filed the above Habeas Corpus Petition praying for issuance of a Writ of Habeas Corpus, directing the Government of Tamil Nadu and police officers to produce the body of the detenu-N. Tamilarvan, son of Natesan under the illegal custody of the Superintendent of Central Prison, Tiruchirapalli before this Court and set him at liberty forthwith.

(2.) IN Writ Petition No. 4663/2004, the said N. Tamilarvan challenges the order of the District Collector in C.O.C.No. 2/2003 dated 24-02-2003 detaining him as Goonda under Tamil Nadu Prevention of Dangerous Activities of Boot-leggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, (Act 14 of 1982) [in short Act 14 of 1982"].

(3.) ACCORDING to learned counsel for petitioner, inasmuch as the detention order under Act 14/1982 was passed on 24-2-2003 for a period of one year, the said period having been expired, the detenu, who is still in prison, cannot be detained in prison beyond the period of one year from the date of detention order, that the continuous detention as on date is liable to be quashed. However, learned Government Advocate, after taking us through the factual details, the date of detention order under Act 14/1982, escape of the detenu from the custody and re-arrest etc., would submit that since the maximum period of one year provided under the Act still subsists, both the Habeas Corpus Petition and the Writ Petition are liable to be dismissed.