Madras High Court
Devi Karthikeyan vs The Commissioner Of Police on 17 April, 2023
Bench: M.Sundar, M.Nirmal Kumar
H.C.P.No.2451 of 2022
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR
and
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR
H.C.P.No.2451 of 2022
Devi Karthikeyan
D/o.Muthu .. Petitioner
Vs
1.The Commissioner of Police
Greater Chennai
Chennai – 600 007
2. The Additional Chief Secretary to Government
Home, Prohibition & Excise Department
Chennai – 600 009
3. The Superintendent
Central Prison
Puzhal, Chennai – 600 066
4. Inspector of Police
Team – 31, Bank Fraud Investigation Wing
Central Crime Branch-1
Greater Chennai Police
Vepery, Chennai – 600 007 ... Respondents
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H.C.P.No.2451 of 2022
Petition filed under Article 226 of the Constitution of India praying
for issuance of a writ of habeas corpus to produce the body of the
petitioner's husband namely R.Karthikeyan, aged about 48 years, who is
detained in 3rd respondent/the Superintendent, Central Prison-Puzhal,
Chennai before this Court and set him at liberty forthwith by calling for the
records pursuant to the detention order dated 12.10.2022 made in Memo
No.351/BCDFGISSSV/2022 on the file of the 1st respondent herein and
quash the same.
For Petitioner : Mr.M.Mohamed Riyaz
for Mr.B.L.S.Prasad
For Respondents : Mr.R.Muniyapparaj
Additional Public Prosecutor
Assisted by Mr.M.Sylvester John
ORDER
[Order of the Court was made by M.SUNDAR, J.,] Captioned 'Habeas Corpus Petition' ['HCP' for the sake of brevity] has been filed by wife of detenu assailing a 'preventive detention order dated 12.10.2022 bearing reference No.351/BCDFGISSSV/2022' [hereinafter 'impugned detention order' for the sake of convenience and brevity]. To be noted, fourth respondent is the sponsoring authority and first respondent is Page Nos.2/8 https://www.mhc.tn.gov.in/judis H.C.P.No.2451 of 2022 the detaining authority as impugned detention order has been made by first respondent.
2.Impugned detention order has been made under 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexual-offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity] on the premise that the detenu is a 'Goonda' within the meaning of Section 2(f) of Act 14 of 1982.
3.There is no adverse case. The solitary case which is the sole substratum of the impugned detention order is Crime No.134 of 2022 on the file of Bank Fraud Investigation Wing, Central Crime Branch I, Greater Chennai Police, Vepery for alleged offences under Sections 120(B), 420, 465, 467, 468 and 471 of 'Indian Penal Code, 1860 (Act 45 of 1860)' ['IPC' for brevity] . Owing to the nature of the challenge to the impugned detention order, it is not necessary to delve into the factual matrix or be Page Nos.3/8 https://www.mhc.tn.gov.in/judis H.C.P.No.2451 of 2022 detained further by facts.
4.Mr.Mohamed Riyaz, learned counsel appearing on behalf of counsel on record for petitioner and Mr.R.Muniyapparaj, learned State Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for all respondents are before us.
5.Though several grounds have been urged in the support affidavit, learned counsel for petitioner at the hearing exhorted one point in his campaign against the impugned detention order and that one point turns on delay in considering a representation sent qua impugned detention order.
6.Responding to the aforementioned submission, learned State Additional Public Prosecutor submitted to the contrary and placed before us a list of dates and the details of the same are as follows:
'Representation dated .. Nil
Representation received on .. 17.11.2022
File submitted on .. 28.11.2022
Under Secretary dealt with on .. 28.11.2022
Deputy Secretary dealt with on .. 28.11.2022
Minister dealt with on .. 01.12.2022
Rejected letter prepared on .. 01.12.2022
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H.C.P.No.2451 of 2022
Rejection letter sent to the detenu on.. 01.12.2022
Govt. Holidays falls on:
19.11.2022, 20.11.2022, 26.11.2022 and 27.11.2022 S.No. Representation Column 6 to 7 Column 9 to 10 1. No. of days 10 02
2. No. of holidays 04 -
No. of delay days 06 02
Total 8 days delay
7.We find that even if the intervening 4 public/Government holidays 19.11.2022, 20.11.2022, 26.11.2022 and 27.11.2022 are excluded, there is a delay of 8 days in considering the representation. We make it clear that the delay in considering the representation point in challenges to preventive detention orders cannot be decided quantitatively. It has to be decided qualitatively based on the facts, circumstances and the trajectory the representation has taken, in other words, it has to be decided on case to case basis. In the case on hand, we adopt such an approach and we find that 8 days delay vitiates the impugned detention order. We also hasten to make it clear that there can be no straight jacket formula in terms of number of days as regards this point is concerned and therefore, this order will not serve as precedent in all and every case.
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8.Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 12.10.2022 bearing reference No.351/BCDFGISSSV/2022 made by the second respondent is set aside and the detenu Thiru.R.Karthikeyan, aged 48 years, son of Thiru.Rajamanickam, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.)
17.04.2023
Index : Yes /No
Neutral Citation : Yes /No
Speaking Order/Non-speaking order
gpa
P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Puzhal Page Nos.6/8 https://www.mhc.tn.gov.in/judis H.C.P.No.2451 of 2022 To
1.The Commissioner of Police Greater Chennai Chennai – 600 007
2. The Additional Chief Secretary to Government Home, Prohibition & Excise Department Chennai – 600 009
3. The Superintendent Central Prison Puzhal, Chennai – 600 066
4. Inspector of Police Team – 31, Bank Fraud Investigation Wing Central Crime Branch-1 Greater Chennai Police Vepery, Chennai – 600 007
5.The Public Prosecutor, High Court, Madras.
Page Nos.7/8 https://www.mhc.tn.gov.in/judis H.C.P.No.2451 of 2022 M.SUNDAR, J., and M.NIRMAL KUMAR, J., gpa H.C.P.No.2451 of 2022 17.04.2023 Page Nos.8/8 https://www.mhc.tn.gov.in/judis