MALARKODI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the mother of the detenu, namely, Karthik, S/o.Ganesan, male, aged about 25 years. The detenu has been detained by the second respondent by his order in No. 649/BCDFGISSSV/2017, dated 24.10.2017, holding him to be a "Goonda", as contemplated under 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 record 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 were not considered on time and there was an inordinate and unexplained delay with regard to the same.