DHAULATH BEEVE Vs. THE STATE OF TAMIL NADU
LAWS(MAD)-2018-1-423
HIGH COURT OF MADRAS
Decided on January 25,2018

Dhaulath Beeve Appellant
VERSUS
THE STATE OF TAMIL NADU Respondents


Referred Judgements :-

SUMAIYA V. THE SECRETARY TO GOVERNMENT [REFERRED TO]
JAYANARAYAN SUKUL VS. STATE OF WEST BENGAL [REFERRED TO]
TARA CHAND VS. STATE OF RAJASTHAN [REFERRED TO]
REKHA VS. STATE OF TAMIL NADU [REFERRED TO]


JUDGEMENT

S. Vimala, J. - (1.)The petitioner is the mother of the detenu viz., Beer Mohammed, S/o. Khan Mohammed, aged about 29 years. The detenu has been detained, as per the order of the second respondent, dated 12.09.2017, under Section 2(f) of the Tamil Nadu Act 14 of 1982, branding him as "Goonda". Challenging the same, the petitioner has come up with this Habeas Corpus Petition.
(2.)We have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondents. We have also perused the records carefully.
(3.)Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel for the petitioner would mainly focus his argument on the ground that there is violation of procedural safeguards, which are guaranteed under Articles 21 and 22 of the Constitution of India. The learned counsel would submit that the representation made by the petitioner was not considered on time and there was an inordinate and unexplained delay. The learned counsel has relied on few Judgments of the Hon'ble Supreme Court. Based on the same, the learned counsel would plead for setting aside the detention order.


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