Inordinate and unexplained delays in considering representations can render a detention order illegal.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus to call for the entire records connected with the detention order passed in Cr.M.P.No.42/2021 dated 18.10.2021 and quash the same and to direct the respondents to produce the detenu or body of the detenu namely the petitioner's son i.e., Meyyappan son of Selvam, aged about 29 years, now detained at Central Prison, Tiruchirappalli, before this Court and set him at liberty forthwith.)

P.N. Prakash, J.

1. The petitioner is the mother of the detenu viz., Meyyappan, aged about 29 years, son of Selvam. The detenu has been detained by the second respondent by his order in Cr.M.P.No.42/2021 dated 18.10.2021, holding him to be a "Goonda", as contemplated under Section 3(2) 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 appearing 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 on time and there was an inordinate and unexplained delay.

4. The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition. He would submit that though there was delay in considering the representation, on that score alone, the impugned detention order cannot be quashed. According to the learned Additional Public Prosecutor, no prejudice has been caused to the detenu and thus, there is no violation of the fundamental rights guaranteed under Articles 21 and 22 of the Constitution of India.

5. The Detention Order in question was passed on 18.10.2021. The petitioner made a representation on 27.10.2021. Thereafter, remarks were called for by the Government from the Detaining Authority on 27.10.2021. The remarks were duly received on 12.11.2021. Thereafter, the Government considered the matter and passed the order rejecting the petitioner's representation on 30.11.2021.

6. It is the contention of the petitioner that there was a delay of 15 days in submitting the remarks by the Detaining Authority, of which 9 days were Government Holiday and hence there was a delay of 6 days in submitting the remarks. It is the further contention of the petitioner that the remarks were received on 30.11.2021 and there was a delay of 13 days in considering the representation by the Hon'ble Minister for Electricity, Prohibition and Excise Department after the Deputy Secretary dealt with it, of which 2 days were Government Holidays, hence, there was inordinate delay of 11 days in considering the representation.7. In Rekha vs. State of Tamil Nadu (2011 (5) SCC 244), the Honourable Supreme Court has held that the procedural safeguards are required to be zealously watched and enforced by the Courts of law and their rigour cannot be allowed to be diluted on the basis of the nature of the alleged activities undertaken by the detenu.

8. In Sumaiya vs. The Secretary to Government (2007 (2) MWN (Cr.) 145), a Division Bench of this Court has held that the unexplained delay of three days in disposal of the representation made on behalf of the detenu would be sufficient to set aside the order of detention.

9. In Tara Chand vs. State of Rajasthan and others, reported in 1980 (2) SCC 321, the Honourable Supreme Court has held that any inordinate and unexplained delay on the part of the Government in considering the representation renders the very detention illegal.

10. In the subject case, admittedly, there is an inordinate and unexplained delay of 6 days in submitting the remarks by the Detaining Authorit