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Judgment
N.K. Jain, J.—Petitioner, who is the wife of the detenu Kavidasan, has filed this petition, challenging the order of detention passed by the first Respondent on 5.12.1997 under Tamil Nadu Act 14 of 1982 branding him as a goonda with a view to preventing him from indulging in an activity prejudicial to the maintenance of public order, prays to set the detenu at liberty.
The counsel for the Petitioner submits that the only ground of challenge is that the representation dated 6.1.1998, which was received on 8.1.1998, was decided only on 19.2.1998 and served on the Petitioner on 25.2.1998.
We have heard the learned Counsel for the parties and perused the materials on record. In this case, for the representation which was received on 8.1.1998, remarks were received only on 19.1.1998 and the file was submitted on 19.1.1998 and the Minister concerned rejected the representation on 19.2.1998 and served on 25.2.1998. The learned Additional Public Prosecutor is not able to explain the delay of 11 days in calling for the remarks and the delay of one month in deciding the representation and six days in serving the order. Therefore, the order of detention is not sustainable and it has to be quashed.
In the result, the Habeas Corpus Petition is allowed. The impugned order of detention is quashed and the detenu is directed to be set at liberty forthwith, unless he is required in any other case.