Madras High Court
Chitra vs The Secretary To Government on 16 April, 2015
Author: A.Selvam
Bench: A.Selvam, V.S.Ravi
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.04.2015
CORAM
THE HONOURABLE MR.JUSTICE A.SELVAM
and
THE HONOURABLE MR.JUSTICE V.S.RAVI
HABEAS CORPUS PETITION(MD)No.1538 of 2014
Chitra .. Petitioner
Vs.
1.The Secretary to Government,
Home, Prohibition and Excise Department,
Secretariat,
Chennai ? 600 009.
2.The District Collector and
District Magistrate,
Karur District,
Karur. .. Respondents
Habeas Corpus Petition is filed under Article 226 of the Constitution
of India to issue a Writ of Habeas Corpus to call for the records pertaining
to the impugned detention order passed by second respondent made in his
proceedings in Cr.M.P.No.14/2014, dated 23.12.2014 in detaining the detenu
under section 2(f) of Tamilnadu Act 14 of 1982 as a GOONDA and quash the same
and direct the respondents to produce the detenu namely Vijayan, Son of
Mohan, aged about 31 years, who is detained in Central Prison, Trichy before
this Court and set him at liberty and pass such further or other orders.
!For Petitioner : Mr.K.M.Karunakaran
^For Respondents : Mr.C.Ramesh,
Addl.Public Prosecutor
:ORDER
(Order of the Court was made by A.SELVAM, J) This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to detention order passed in Cr.M.P.No.14/2014, dated 23.12.2014 by the detaining authority, who has been arrayed as second respondent herein against the detenu by name Vijayan, Son of Mohan and quash the same and thereby set him at liberty forthwith.
2.The Inspector of Police, K.Paramathy Police Station as sponsoring authority has submitted an affidavit to the detaining authority, wherein it is stated that the detenu has involved in the following adverse cases:
(i)Crime No.85 of 2013, Vellakovil Police Station registered under Sections 457 and 380 of the Indian Penal Code.
(ii)Crime No.541 of 2014, Aravakurichi Police Station registered under Section 379 of the Indian Penal Code.
(iii)Crime No.215 of 2014, Chinnadharapuram Police Station registered under Section 379 of the Indian Penal Code.
3.Further it is stated in the affidavit that on 26.11.2014 one Mahendran as complainant has given a complaint in K.Paramathy Police Station against the detenu and the same has been registered in Crime No.169 of 2014 under Sections 392 read with 397 of the Indian Penal Code and ultimately requested the detaining authority to invoke Act 14 of 1982 against the detenu.
4.The detaining authority viz., second respondent herein after considering the averments made in the affidavit and other connected documents has derived subjective satisfaction to the effect that the detenu is a habitual offender and ultimately branded him as 'Goonda' by way of passing the impugned detention order and in order to quash the same, the present Habeas Corpus Petition has been filed by the wife of the detenu as petitioner.
5.On the side of the respondents a detailed counter has been filed, wherein it has been contended inter alia to the effect that all the averments made in the petition are false and ultimately prayed to dismiss the same.
6.The learned counsel appearing for the petitioner has contended that on the side of the detenu a representation has been submitted and the same has not been disposed of without delay and therefore the detention order in question is liable to be quashed.
7.The learned Additional Public Prosecutor has contended that the representation submitted on the side of the detenu has been duly disposed of without delay and therefore the detention order in question does not call for any interference.
8.On the side of the respondents, a proforma has been submitted wherein it has been clearly stated that in between Column Nos.7 to 9, six clear working days are available and in between Column Nos.12 and 13, two clear working days are available and no explanation has been given on the side of the respondents with regard to such huge delay in disposing of the representation submitted on the side of the detenu and that itself would affect his rights guaranteed under Article 22(5) of the Constitution of India and therefore the detention order in question is liable to be quashed.
9.In fine, this Habeas Corpus Petition is allowed and the detention order passed in Cr.M.P.No.14/2014, dated 23.12.2014 by the second respondent/detaining authority is quashed and consequently the respondents are directed to set the detenu viz., Vijayan, Son of Mohan at liberty forthwith, unless he is required to be incarcerated in connection with any other case.
[A.S.,J] [V.S.R.,J] 16.04.2015 Index: Yes / No Internet: Yes / No smn To
1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai ? 600 009.
2.The District Collector and District Magistrate, Karur District, Karur.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
A.SELVAM, J.
and V.S.RAVI, J.
smn ORDER MADE IN H.C.P(MD)No.1538 of 2014 16.04.2015