Baiser Ali v. The Additional Chief Secretary to the Government

ORDER (Order of the Court was made by Sunder Mohan J.) The friend of the detenu – Dineshkumar @ Kishore, aged 28 years, S/o.Gopalakrishnan, has filed this petition challenging the detention order dated

25.10.2025, branding him as a 'Goonda' under Section 2(f) of the Tamil Nadu Preventive Detention Act, 1982 (Act 14/1982).

¶2We have heard learned counsel for petitioner and learned counsel for Government of Tamil Nadu (Crl.Side) for respondents.

¶3The learned counsel for the petitioner would submit that the impugned order of detention has to be set aside for the reason that the Government Order delegating the power of detention to the 2nd respondent herein has not been enclosed in the booklet provided to the detenu, thereby denying the detenu to make an effective representation against the detention order.

¶4The learned counsel for Government of Tamil Nadu (Crl.Side) for respondents, would fairly concede that the Government Order was not furnished to the detenu. Page3 of 5

¶5It is seen from the booklet that the Government Order has not been furnished to the detenu. It is well settled that if the relied upon documents are not furnished to the detenu, his right to make effective representation would be denied. In 'Powanammal Vs. State of Tamil Nadu' reported in '(1999) 2 SCC 413', the Hon'ble Supreme Court had held that non-supply of relevant documents to the detenu renders the detention illegal.

¶6Accordingly, this Habeas Corpus Petition is allowed and the Detention Order passed by the second respondent in Detention Order in No.839/BBCDEFGISSSV/2025 dated 25.10.2025 is set aside.

¶7The detenu, viz., Dineshkumar @ Kishore, aged 28 years, S/o.Gopalakrishnan, now confined in Central Prison, Puzhal, Chennai, is directed to be set at liberty forthwith, unless his presence is required in connection with any other case. (A.S.M.,J.) (S.M.,J.) 01-07-2026 Index: Yes/No Speaking/Non-speaking order TSG Note: Issue order copy today Page4 of 5 To

¶1The Additional Chief Secretary to the Government, Home, Prohibition & Excise (XVI) Department, Secretariat, Chennai – 600 009.

¶2The Commissioner of Police, Greater Chennai.

¶3The Superintendent of Prison, Central Prison Puzhal - II, Chennai District.

¶4The Inspector of Police, (Law and Order), R-9, Valasaravakkam Police Station, Chennai District.

¶5The Joint Secretary, Law and Order Department, Secretariat, Chennai – 600 009.

¶6The Public Prosecutor, High Court of Madras. HCPoNo.o2682oofo2025 DR.ANITAoSUMANTH,oJ. AND SUNDERoMOHAN,oJ. TSG HCPoNo.o2682oofo2025 01-07-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01-07-2026 CORAM THE HON'BLE DR.JUSTICE ANITA SUMANTH AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Baiser Ali ..Petitioner(s) Vs 1. The Additional Chief Secretary to the Government, Home, Prohibition & Excise (XVI) Department, Secretariat, Chennai – 600 009. 2. The Commissioner of Police, Greater Chennai. 3. The Superintendent of Prison, Central Prison Puzhal - II, Chennai District. 4. The Inspector of Police, (Law and Order), R-9, Valasaravakkam Police Station, Chennai District. ..Respondent(s) Prayer: Petition filed under Article 226 of the Constitution of India, seeking for a Writ of Habeas Corpus, calling for the entire records connected with the detention order in No.839/BBCDEFGISSSV/2025 dated 25.10.2025 on the file of the Respondent No.2 and quash the same and direct the Respondents to produce the person of petitioner friend detenu named Dineshkumar @ Kishore S/o. Gopalakrishnan aged about 28 years now confined at Central Prison, Puzhal before this Court and set him at liberty forthwith. Page2 of 5 For Petitioner(s): Mr.P.Muthamizhselvakumar For Respondent(s): Mr.C.R. Malarvannan, Counsel for Government of Tamil Nadu (Criminal Side)