S. BHUVANESHWARI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner is the wife of the detenu viz., Sankar alias Sankar Ganesh, S/o. Balakrishnan, aged 31 years. The detenu has been detained, as per the order of the second respondent, dated 04.10.2017, under Section 2(b) of the Tamil Nadu Act 14 of 1982, branding him as "Boot Legger". Challenging the same, the petitioner has come up with this Habeas Corpus Petition.

(2.) We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.

(3.) Though a number of grounds have been raised in the affidavit filed in support of the petition to assail the Order of Detention, the learned counsel for the petitioner mainly relies on the contention that the Detaining Authority, who received a representation dated 06.10.2017 from the petitioner, who is none other than the wife of the detenu, without referring the same to the Government, chose to pass an order of rejection rejecting the said representation on 13.11.2017, namely, after the Detention Order was approved by the Government and that the said rejection order should be viewed as one passed by an authority which had become functus officio.