Madras High Court
Anthony Raj vs The Secretary To The Government on 9 December, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
HCP.No.3021 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2024
CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN
H.C.P.No.3021 of 2024
Anthony Raj ... Petitioner
Vs.
1.The Secretary to the Government
Home, Prohibition and Excise (XIV) Department
Secretariat,
Fort St.George, Chennai – 9.
2.The District Collector and District Magistrate
Tiruvarur District, Tiruvarur.
3.The Superintendent of Police
Tiruvarur District, Tiruvarur
4.The Superintendent of Prison
Central Prison, Tiruchirapalli, Tirchy District.
5. State rep by its
The Inspector of Police,
PEW Tiruvarur District.
… Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to
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HCP.No.3021 of 2024
issue a Writ of Habeas Corpus, to call for the entire records relating to the
petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide
detention order, dated 10.11.2024 on the file of the second respondent
herein made in proceedings COC.No.51/2024 quash the same as illegal
and consequently direct the respondents herein to produce the petitioner's
brother namely Dhilipkumar @ Karthick s/o.Arivazhagan, aged 25 years
before this Court and set the petitioner's husband at liberty from detention,
now the petitioner's husband is detained at Central Prison, Tiruchirappalli.
For Petitioner : Mr.R.Sasikumar
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The order of detention passed by the second respondent in proceedings COC.No.51/2024 dated 10.11.2024 is sought to be quashed in the present habeas corpus petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor appearing for the respondents.
3. Based on one adverse case is registered under Tamil Nadu Page 2 of 7 https://www.mhc.tn.gov.in/judis HCP.No.3021 of 2024 Prohibition Act and the ground case which is also registered under the Tamil Nadu Prohibition Act, the detention order has been passed.
4. We are of the considered opinion that one adverse case and one ground case would in sufficient for the purpose of invoking Act 14 of 1982. The said cases can be dealt with under the law of the lands, likelihood of causing breach of public order has to be established with reference to the materials available on record and subjective satisfaction of the detaining authority is paramount importance.
5. The preventive detention law being draconian and causing infringement of personal liability which is a fundamental right enshrined under the constitution authorities are expected to be cautious before invoking detention law.
6. We are always at liberty to investigate and prosecute the persons under the law of the land, instead they cannot find out a shortcut to punish the person involved in a criminal offence by invoking preventive detention law which cannot be approved by this Court. For the aforesaid reasons, we are inclined to interfere with the impugned detention order. Page 3 of 7 https://www.mhc.tn.gov.in/judis HCP.No.3021 of 2024
7. Accordingly, the detention order passed by the second respondent in proceedings COC.No.51/2024 dated 10.11.2024 is hereby set aside and the habeas corpus petition is allowed. The detenu viz., Dhilipkumar @ Karthick s/o.Arivazhagan aged 25 years, now confined at Central Prison, Tiruchirappalli is directed to be set at liberty forthwith, unless his confinement is required in connection with any other case.
[S.M.S., J.] [M.J.R., J.]
09.12.2024
Index: Yes/No
Internet:Yes/No
Neutral Citation: Yes/No
tsh
To
1.The Secretary to the Government
Home, Prohibition and Excise (XIV) Department Secretariat, Fort St.George, Chennai – 9.
2.The District Collector and District Magistrate Tiruvarur District, Tiruvarur.
3.The Superintendent of Police Tiruvarur District, Tiruvarur
4.The Superintendent of Prison Central Prison, Tiruchirapalli, Tirchy. Page 4 of 7 https://www.mhc.tn.gov.in/judis HCP.No.3021 of 2024
5. State rep by its The Inspector of Police, PEW Tiruvarur District.
6.The Public Prosecutor High Court Madras.
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AND M.JOTHIRAMAN, J.
tsh H.C.P.No.3021 of 2024 Page 6 of 7 https://www.mhc.tn.gov.in/judis HCP.No.3021 of 2024 09.12.2024 Page 7 of 7 https://www.mhc.tn.gov.in/judis