The Madras High Court today termed as "regrettable" the delay in formation of an advisory board by the Tamil Nadu government for dealing with those arrested for black marketing and hoarding of essential commodities.
It also hoped that the government acts swiftly and appoints the advisory board as early as possible.
The bench here made the observation while dismissing a Habeas Corpus petition on the ground that the plea was infructuous, as the Theni district collector, who had ordered the detention of the petitioner's son, Prabakaran, had revoked it later for lack of advice from the Advisory Board.
The petitioner had moved the high court, challenging the detention of his son under the Prevention of Black Marketing and Maintenance of Supplies of Essential commodities Act, 1980.
"We have come across a number of cases of this nature where similar orders were revoked because there is no advisory board," the court said.
It noted that according to the Additional Advocate General, the process for putting in place the board had started long before, but it had not been constituted so far.
Earlier, a division bench of the high court in Chennai presided by the Chief Justice had remarked that "it appears that the government's desire was to set all detenus free by not appointing the board."
Despite the court's remarks, the board had not been constituted.
"This is regrettable" the court said, adding, "We hope that the government would act swiftly and appoint the advisory board as early as possible."
The Madurai bench said all such orders are bound to be revoked for want of advice from the advisory board.
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