LAWS(MAD)-2017-12-2

MR.A.PARTHIBAN Vs. THE STATE

Decided On December 11, 2017
Mr.A.Parthiban Appellant
V/S
THE STATE Respondents

JUDGEMENT

(1.) The petitioner is the Father of the detenu, namely, Thiru.Senthamizh Selvan, S/o.Parthiban, Male, aged about 24 years. The detenu has been detained by the 2nd respondent by his order in BCDFGISSSV No.446/2017, dated 25.07.2017 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

(3.) Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that there is gross violation of procedural safeguards, which would vitiate the detention. The learned counsel, by placing authorities, submitted that the representation made by the petitioner was not considered in time and there was an inordinate and unexplained delay with regard to the same.