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Showing contexts for: NSA in Sathiyabama vs The Principal Secretary To Government on 1 August, 2018Matching Fragments
[Order of the Court was made by C.T.SELVAM, J.] The petitioner is the wife of the detenu - Hariragavan, aged about 40 years. The detenu has been detained by the second respondent, by his order in H.S(M).Confdl.(NSA) No.07/18, dated 26.07.2018, as contemplated under sub- Section (2) of Section 3 of the National Security Act, 1980 (Central Act 65 of 1980).
2. The order of detention under challenge has been passed against the detenu, primarily, in relation to his part in anti-Sterlite protest in and around Tuticorin. The detention order has been passed on 26.07.2018. However, this Court, under Orders dated 24.07.2018 in Crl.OP(MD).No.12675 of 2018, while granting bail to the detenu in Crime No.338 of 2018, registered on the file of the Inspector of Police, Sipcot Police Station, Thoothukudi, inter alia, imposed a condition that the detenu shall not take part in any agitation in connection with Sterlite for the next 90 days. Although it has been submitted that the Sponsoring Authority had recommended the detention on 20.07.2018 and the order of bail of this Court is subsequent date, viz., 24.07.2018, we have no doubt that if between the act of sponsoring the detention and passing the detention order, an important intervening event/occurrence had taken place, it is the duty of the Sponsoring Authority to bring the same to the notice of the Detaining Authority. The failure of the Sponsoring Authority, in the instant case, had led to deprivation of the Detaining Authority considering the material effect of the order of bail of this Court, dated 24.07.2018 in Crl.OP(MD).No.12675 of 2018. The present is not so much case of non-application of mind, as it is a case of subjective satisfaction standing wrongly arrived at for requisite information/particulars.
3. In the result, the Habeas Corpus Petition shall stand allowed and the Detention Order passed by the second respondent, in his proceedings in H.S(M).Confdl.(NSA) No.07/18 dated 26.07.2018, is quashed. The detenu, namely, Hariragavan, son of Gankaiyan, aged about 40 years, is ordered to be set at liberty forthwith, if his detention is not required in connection with any other case.
To
1.The Principal Secretary to Government, Public (L & O-F) Department, Secretariat, Chennai - 600 009.