The Hindu : SC quashes detention of bootlegger

Online edition of India's National Newspaper
Saturday, Apr 12, 2003

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SC quashes detention of bootlegger

By Our Legal Correspondent

NEW DELHI April 11. The Supreme Court has quashed a detention order passed by the Namakkal Collector putting behind bars a bootlegger under the Tamil Nadu Goondas Act.

A Bench comprising Justice N. Santosh Hegde and Justice B.P. Singh said "we are not satisfied with the counter affidavit filed by the Tamil Nadu Government as it has not satisfactorily explained the delay (in considering the representation of the detenu) between May 19 and 23, 2002 and between May 27 and June 1, 2002'' as pointed out by the appellant's counsel, K.K. Mani.

The Bench said, "the representation pertains to the personal liberty of the detenu and therefore there was an obligation on the part of the detaining authority to have considered the same expeditiously. If there were to be any delay in considering the same it was the duty of the authority concerned to explain the reason for the delay to satisfy the court that the delay was not due to any laxity on the part of the said authority''.

"This having not been done, we are of the opinion that this appeal has to succeed,'' the Bench said and quashed the detention and directed that he be released at once. The bootlegger, A. Ramachandran of Namakkal, was detained on April 25 last, on the ground that he acted in a manner prejudicial to maintenance of public health.

The detention was challenged in the Madras High Court contending that the detenu's representation was not considered expeditiously by the detaining authority. The High Court dismissed the writ petition and the special leave petition was directed against this judgment dated September 23, 2002.

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