SUNDAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THIS Habeas Corpus Petition is filed, by the brother of the detenu, namely, G.Shiva, S/o Ganesan, aged 25 years, to issue a Writ of Habeas Corpus, to call for the records, in C.No.06/PBMMSEC Act /IS/2014 dated 27.10.2014, passed by the 3rd Respondent, detaining the detenu, under Section 3(1) r/w 3(2)(b) of the Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act 1980 (Central Act 7 of 1980), branding him as a "Blackmarketeer", in the Central Prison, Coimbatore, and to quash the same and to direct the Respondents to produce the body of the detenu and set him at liberty forthwith.

(2.) EVEN though Mr.S.Senthilvel, the learned counsel for the petitioner raised many grounds, in assailing the impugned order of detention, he confined his arguments only on the ground that there is unexplained delay in considering and disposing of the representation of the detenu, which would vitiate the impugned detention order.

(3.) ACCORDING to the learned counsel for the petitioner, the representation, dated 18.11.2014, has been received by the Government on 21.11.2014 and remarks were called for on 24.11.2014. But, the remarks were received only on 01.12.2014, after a delay of 6 days. It is his further submission that as per the Proforma submitted by the learned Additional Public Prosecutor, there were 2 intervening holidays and even after giving concession as to the intervening holidays, still there is a delay of 4 days in considering the representation, which remains unexplained. The unexplained delay in considering the representation of the detenu vitiates the detention order. In support of his contention, the learned counsel for the petitioner relied on the judgment of the Hon'ble Apex Court in Rajammal vs. State of Tamil Nadu, 1999 1 SCC 417.