The main legal point established in the judgment is the significance of procedural safeguards in detention orders and the consequences of inordinate delays in considering representations, which can render the detention illegal.

JUDGMENT

(Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records relating to the impugned order of detention passed by the 2nd respondent in CPT No.17/2022 dated 06.03.2022 branding the detenu as “bootlegger” and set aside the same and consequently direct the respondents herein to produce the petitioner's husband viz., E.Gangatharan, aged 41 years, S/o.Ettiyan, now confined in Central Prison, Puzhal before this Hon'ble Court and set him at liberty.)

Rmt. Teekaa Raman, J.

1. The petitioner is the wife of the detenu. The detenu has been detained by the 2nd respondent by his order dated 06.03.2022 in CPT No.17/2022, holding him to be a "Bootlegger", as contemplated under Section 2(b) of the 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 06.03.2022. The petitioner made a representation on 21.02.2022. Thereafter, remarks were called for by the Government from the Detaining Authority on 22.03.2022. The remarks were duly received on 07.04.2022. Thereafter, the Government considered the matter and passed the order rejecting the petitioner's representation on 01.08.2022.

6. It is the contention of the petitioner that there was a delay of 16 days in submitting the remarks by the Detaining Authority, of which 4 days were Government Holidays and hence, there was a delay of 12 days in submitting the remarks. It is the further contention of the petitioner that the remarks were received on 07.04.2022 and there was a delay of 116 days in considering the representation by the Hon'ble Minister after the Deputy Secretary dealt with it, of which 37 days were Government Holidays, hence, there was a delay of 79 days in considering the representation.

7. In Rekha Vs. State of Tamil Nadu [2011 (5) SCC 244], the Hon'ble 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 Hon'ble 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 unexplained delay of 12 days in submitting the remarks by the Detaining Authority and an inordinate and unexplained delay of 79 days in considering the repre