Advocates:
['M/s Balakrishnan R', '', 'Sivakumar M', 'Ashok S', '', 'Public prosecutor', '', 'Counter filed by R']

H.C.P.(MD) No.282 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.09.2022

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

AND

THE HONOURABLE MRS.JUSTICE R.HEMALATHA

H.C.P.(MD) No.282 of 2022

Thinsathbegam

... Petitioner

-vs-

1.The Principal Secretary to Government,

Home, Prohibition and Excise Department,

Secretariat, Fort.St.George,

Chennai – 600 009.

2.The District Collector and District Magistrate,

Pudukottai District, Pudukottai.

3.The Superintendent of Prison,

Central Prison,

Tiruchirappalli.

... Respondents

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H.C.P.(MD) No.282 of 2022

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a

writ of habeas corpus calling for the entire records connected with the detention

order passed in P.D.O.No.75/2021 dated 31.12.2021 on the file of the second

respondent herein and quash the same and direct the respondents to produce the

body or person of the detenu namely, Afsal @ Afsal Ahamed S/o.Rahamathullah,

aged 19 years, now detained as a Goonda at the central prison, Tiruchirappalli

District, before this Court and set him at liberty forthwith.

For Petitioner

:

Mr.R.Balakrishnan

For Respondents

:

Mr.A.Thiruvadi Kumar,

Additional Public Prosecutor

O R D E R

[Made by R.HEMALATHA, J.]

The petitioner is the mother of the detenu viz., Afsal @ Afsal Ahamed,

aged about 19 years, son of Rahamathullah. The detenu has been detained by the

second respondent by his detention order in P.D.O.No.75/2021 dated 31.12.2021,

holding him to be a "Goonda", as contemplated under Section 2(f) of the Tamil

Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus

Petition.

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H.C.P.(MD) No.282 of 2022

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.

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H.C.P.(MD) No.282 of 2022

5. The Detention Order in question was passed on 31.12.2021. The

petitioner made a representation on 21.02.2022. Thereafter, remarks were called

for by the Government from the Detaining Authority on 23.02.2022. The remarks

were duly received on 25.03.2022. Thereafter, the Government considered the

matter and passed the order rejecting the petitioner's representation on

23.05.2022.

6. It is the contention of the petitioner that there was an inordinate delay of

32 days in submitting the remarks by the Detaining Authority, of which 8 days

were Government Holiday and hence there was a delay of 24 days in submitting

the remarks. It is the further contention of the petitioner that the remarks were

received on 25.03.2022 and there was an inordinate and unexplained delay of 55

days in considering the representation by the Hon'ble Minister for Electricity,

Prohibition and Excise Department after the Deputy Secretary dealt with it, of

whic