Madras High Court
Ms.Murugammal vs State Of Tamil Nadu on 14 June, 2014
Author: V.Dhanapalan
Bench: V.Dhanapalan, G.Chockalingam
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2014
CORAM:
THE HONOURABLE MR. JUSTICE V.DHANAPALAN
and
THE HONOURABLE MR. JUSTICE G.CHOCKALINGAM
H.C.P.No.3238 of 2013
Ms.Murugammal ... Petitioner
vs.
1. State of Tamil Nadu,
Rep. by the Secretary to Government,
Prohibition & Excise Department,
Chennai 600009.
2. The Commissioner of Police,
Chennai Police,
Chennai. ... Respondents
Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to call for the records of the second respondent relating to detention order in BDFGISSV No.1082 of 2013 dated 22.09.2013, quash the same and to direct the respondents to produce the detenu Appu, aged 23, who is now confined in Central Prison, Puzhal, Chennai, before this Court and set him at liberty.
For Petitioner : Mrs. R.Anitha
For Respondents : Mr.P.Govindarajan
Addl. Public Prosecutor
O R D E R
(Order of the Court was made by V.Dhanapalan,J.) The petitioner is the mother of the detenu. The detenu has been branded as a "Goonda" under the Tamil Nadu Act 14 of 1982 and detained under the order of the 2nd respondent passed in Memo No.1082/BDFGISSV/2013, dated 22.09.2013.
2. The detenu came to adverse notice in the following cases:
S.No. Police Station and Crime No. Sections of Law 1 S-7, Madipakkam Police Station Crime No.1318/2011 147, 148, 294(b), 326, 307 & 427 IPC 2 S-7, Madipakkam Police Station Crime No.1827/2013 384 & 506(ii) IPC The ground case alleged against the detenu is one registered on 09.09.2013 by the Inspector of Police, Law & Order, S-7 Madipakkam Police Station in Crime No.1846/2013 for offences under Sections 341, 294(b), 336, 397, 427 & 506(ii) IPC.
3. Though the learned counsel for the petitioner raised several grounds to assail the impugned order of detention, he mainly focussed his arguments on the question of delay in consideration of the petitioner's representation, which has not been properly explained by the respondents. Therefore, it would vitiate the rights guaranteed under Article 22(5) of the Constitution of India.
4. We have heard Mr.P.Govindarajan, learned Additional Public Prosecutor on the above point and perused the records.
5. On a perusal of the list informing the course of consideration of the petitioner's representation, it is seen that the Detention Order was passed on 22.09.2013; the detenu made a representation to the detaining authority dated 04.11.2013 and it was received by the competent authority on 06.11.2013; remarks were called on 08.11.2013 and only on 02.12.2013 remarks were received and file was submitted on 02.12.2013; the Under Secretary dealt with on 02.12.2013, the Deputy Secretary dealt with it on 02.12.2013; on 04.12.2013, the Minister (Electricity, Prohibition and Excise) dealt with it and rejected it on 05.12.2013 and it was sent to the detenu on 09.12.2013.
6. Verification of the above dates and events would clearly show that there is unexplained delay of 15 days between 08.11.2013, the date on which remarks were called for and 02.12.2013, the date on which remarks were received, excluding holidays. The said delay is not explained by the competent authority. Therefore, it is apparent that there has been an inordinate and unexplained delay in consideration of the petitioner's representation and the same contradicts the requirement of Article 22(5) of the Constitution of India and the consequence thereof is in infringement of the right of Article 21 of the Constitution of India.
7. Accordingly, the impugned detention order passed by the second respondent in BDFGISSSV No.1082/2013 dated 22.09.2013 is hereby quashed and the Habeas Corpus Petition is allowed. The detenu, namely Appu in this case is set at liberty forthwith, unless his custody is required in connection with any other case.
(V.D.P.,J.) (G.C.,J.)
abe 14.06.2014
Index : Yes/No
To:
1. The Secretary to Government,
State of Tamil Nadu,
Prohibition & Excise Department,
Chennai 600009.
2. The Commissioner of Police,
Chennai Police,
Chennai.
3. The Public Prosecutor,
High Court of Madras,
Chennai 600 104.
V.DHANAPALAN,J.
and
G.CHOCKALINGAM,J.
Abe
Order in
H.C.P.No.3238 of 2013
Dated: 14.06.2014