M.ELAKKIYA Vs. PRINCIPAL SECRETARY TO GOVERNMENT
LAWS(MAD)-2020-9-152
HIGH COURT OF MADRAS
Decided on September 22,2020

M.Elakkiya Appellant
VERSUS
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

K.KALYANASUNDARAM,J. - (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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