A delay of 10 days in disposing a representation of a Goondas Act detainee has enabled him to walk out of Central Prison, Puzhal.
Pointing out that the delay would certainly cause great prejudice, a Division Bench comprising Justices V. Dhanapalan and G. Chockalingam of the Madras High Court said the detention order could not be sustained and was vitiated.
In a habeas corpus petition, one Latha submitted that her husband Babu (36) had been branded as a goonda and detained under the Act by an order of the Chennai police commissioner on August 29 last year.
The main case against Babu, registered by the Thiruvanmiyur police, was for alleged offences of wrongful restraint, robbery or dacoity with attempt to cause death or grievous hurt, and criminal intimidation.
The counsel, while raising several grounds assailing the detention order, focussed on the delay in disposing Babu’s representation, dated September 17, 2013, to the authorities concerned.
This violated Article 22 (5) (Protection against arrest and detention in certain cases) of the Constitution, the counsel added.
The Bench said on receiving a copy of the detention order, Babu had made a representation. There was a delay of 10 days, excluding holidays, in disposing the representation.
This would certainly cause great prejudice and amount to an infringement of rights under the Constitution, the Bench said.
Allowing the petition, the court quashed the detention. It ordered that the detainee, who had been lodged in prison, be set free, unless his custody was necessitated by some other case.
