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Judgment
A. Selvam, J.—This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in H.S.(M)Confdl.No. 6/2014, dated 17.07.2014 by the detaining authority, who has been arrayed as second respondent herein against the detenu by name Eswaran, Son of Velu and quash the same and thereby set him at liberty forthwith.
The Inspector of Police, Kovilpatti West Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases:
(i) Crime No. 135 of 2014, Tiruppuvanam Police Station registered under Sections 147, 148, 341 and 302 of the Indian Penal Code.
(ii) Crime No. 451 of 2014, Kovilpatti West Police Station registered under Sections 147, 341, 294(b), 323, 365 and 506(ii) of the Indian Penal Code @ Sections 120(b), 147, 148, 341, 294(b), 323, 364, 364(A), 109, 52(a), 302 and 506(ii) of the Indian Penal Code.
Further it is stated in the affidavit that on 11.05.2014 at about 09.30 hours, one Selvi alongwith her brother Janarthanan has given a complaint in Kovilpatti West Police Station against the detenu and others and the same has been registered in Crime No. 498 of 2014 under Sections 147, 148, 341, 294(b), 307 and 506(ii) of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.
The detaining authority viz., second respondent herein after perusing the averments made in the affidavit coupled with other connected documents has derived subjective satisfaction to the effect that the detenu is in the habit of committing crimes one after another and on the basis of his habitual nature, he branded him as ''Goonda'' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the detenu himself as petitioner.
On the side of the respondents a detailed counter has been filed, wherein it has been contended inter alia to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.
The learned counsel appearing for the petitioner/detenu has contended that on the side of the petitioner/detenu a representation has been submitted and the same has not been disposed of without delay and therefore the detention order in question is liable to be quashed.
The learned Additional Public Prosecutor has contended that the representation submitted on the side of the petitioner/detenu has been duly disposed of without delay and therefore the detention order in question does not call for any interference.
On the side of the respondents, a proforma has been submitted wherein it has been clearly stated that in between Column Nos. 7 to 9, forty one clear working days are available and in between Column Nos. 12 and 13, fifteen clear working days are available and no explanation has been given on the side of the respondents with regard to huge delay in disposing of the representation submitted on the side of the petitioner/detenu and that itself would affect his rights guaranteed under Article 22(5) of the Constitution of India and therefore the detention order in question is liable to be quashed.
In fine, this Habeas Corpus Petition is allowed and the detention order passed in H.S.(M)Confdl.No. 6/2014, dated 17.07.2014 by the second respondent/detaining authority is quashed and consequently the respondents are directed to set the detenu viz., Eswaran, Son of Velu at liberty forthwith, unless he is required to be incarcerated in connection with any other case.