M.ELAKKIYA Vs. PRINCIPAL SECRETARY TO GOVERNMENT
HIGH COURT OF MADRAS
PRINCIPAL SECRETARY TO GOVERNMENT
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(1.) The wife of the detenu namely Kamatchi, S/o.Kamaraj, who has been detained under Act 14 of 1982 branding him as 'Goonda' has filed the present
Habeas Corpus Petition to set aside the detention order passed by the second
respondent dated 11.03.2020 in D.O.No.07 of 2020.
(2.) Though the detention order impugned in the Habeas Corpus Petition is assailed on several grounds, the learned counsel for the petitioner mainly
contented that the detention order is liable to be aside on the ground of inordinate
and unexplained delay in considering the representation of the petitioner. It is the
submission of the learned counsel that the procedure of safeguards guaranteed
under Article 21 and 22 of the Constitution has been violated and on this sole
ground, the detention order is liable to be quashed.
(3.) Per contra, Mr.V.Neelakandan, learned Additional Public Prosecutor, while reiterating the counter affidavit filed by the second respondent, submitted
that the detention order came to be passed based on the cogent materials placed
by the sponsoring authority and there is no illegality or irregularity in the
detention order warranting interference of this Court. It is further stated that the
delay in considering the representation caused no prejudice to the detenue and
prayed for dismissal of this Habeas Corpus Petition.;
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