A. ELAYARAJA Vs. THE SECRETARY TO THE GOVERNMENT, CO-OPERATION FOOD AND CONSUMER PROTECTION DEPT. AND ORS.

JUDGEMENT

(1.) The petitioner herein is the brother of the detenu has filed this petition challenging the order of detention passed by the 2nd respondent in S.C. No. 82/2015 [CS] dated 15.08.2015, branding his brother as a "BLACK MARKETER" under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

(2.) Even though the learned counsel for the petitioner raised many grounds in assailing the impugned order of detention in the petition, he confined his arguments only to the ground of delay in considering the representation of the detenu. According to the learned counsel for the petitioner, the representation of the detenu, has been received by the Government on 07.09.2015 and remarks have been called for from the detaining authority on 09.09.2015; but, the remarks have been received by the Government only on 29.09.2015, after a delay of 20 days. He adds that the file was dealt with by the Minister concerned on 06.10.2015 and the rejection letter was prepared and communicated to the detenu also on the same day, i.e., on 06.10.2015. It is his further submission that as per the Proforma submitted by the learned Additional Public Prosecutor, there were 8 intervening holidays and even after giving concession as to the intervening holidays, still there is a delay of 12 days, 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 v/s. State of Tamil Nadu, reported in : (1999) 1 SCC 417.

(3.) Resisting the contention of the learned counsel for the petitioner, learned Additional Public Prosecutor submitted that the Government received the representation on 07.09.2015 and that was forwarded to the Detaining Authority, calling for remarks on 09.09.2015 and remarks were received by the Government on 29.09.2015 and ultimately, the representation was considered and rejected on 06.10.2015 and the result of the consideration was communicated to the detenu on the same day, i.e., on 06.10.2015. Therefore, according to the learned Additional Public Prosecutor, there is no inordinate delay in considering the representation of the detenu and therefore, he prayed for dismissal of the petition.