Shanthi v. The Additional Chief Secretary to Government

ORDER (Order of the Court was made by M.S.RAMESH,J.) The petitioner is the mother of the detenu viz., Poovayee alias Poovarasan, aged about 21 years, S/o.Sankar. The detenu has been detained by the second respondent by his order in Cr.M.P.No.33/2022 dated

29.09.2022 holding him to be a "Goonda", as contemplated under Section 2(f) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

¶2We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

¶3Among other grounds, the detention order is mainly attacked on the ground that there is a delay in passing the order of detention. The learned counsel appearing for the petitioner strongly contended that though the detenu was arrested on 05.08.2022, the detention order was passed only on

29.09.2022, i.e., after a considerable delay of 55 days. Therefore, the detention order has to be set aside.

¶4As seen from the grounds of detention, it is clear that though the detenu was arrested on 05.08.2022, the order of detention came to be passed only on 29.09.2022 and hence, there is an abnormal delay in passing the order of detention, which caused prejudice to the interest of the detenu.

¶5We have gone through the entire materials placed on record. There is no satisfactory explanation offered by the Detaining Authority for the delay in passing the order of detention. Hence the impugned order of detention is liable to be set aside.

¶6In the result, the Habeas Corpus Petition is allowed and the order of detention in Cr.M.P.No.33/2022 dated 29.09.2022 passed by the second respondent is set aside. The detenu, viz., Poovayee alias Poovarasan, S/o.Sankar, aged about 21 years, is directed to be released forthwith unless his detention is required in connection with any other case.

(M.S.R.,J.) (M.N.K.,J.)

13.07.2023 NCC : Yes / No Index : Yes / No Lm/mbi To

1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.

2.The District Collector and District Magistrate, Perambalur, Perambalur District.

3.The Superintendent of Prison, Central Prison, Tiruchirappalli.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

M.S.RAMESH,J. and M.NIRMAL KUMAR,J. Lm/mbi

H.C.P.(MD)No.305 of 2023

13.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.305 of 2023 Shanthi .. Petitioner / Detenu's Mother Vs. 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2.The District Collector and District Magistrate, Perambalur, Perambalur District. 3.The Superintendent of Prison, Central Prison, Tiruchirappalli. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, calling for the records pertaining to the impugned detention order passed by the second respondent made in his proceedings in Cr.M.P.No.33/2022 dated 29.09.2022 in detaining the detenu under Section 2(f) of the Tamil Nadu Act 14 of 1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely Poovayee @ Poovarasan, S/o.Sankar, Male, aged about 21 years, who is detained in Central Prison, Tiruchirappalli, before this Court and set him at liberty. For Petitioner : Mr.A.Joseph Jerry For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor