Meena 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., Vasu @ Vasudevan, aged about 20 years, S/o.Ramachandran. The detenu has been detained by the second respondent by his order in C.O.C.No.08/2023 dated 01.03.2023 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.

¶2Among 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 19.12.2022, the detention order was passed only on

01.03.2023, i.e., after a considerable delay of 72 days. Therefore, the detention order has to be set aside.

¶3The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing his counter. It is further submitted that investigation has been completed in this case and final report has been filed in S.C.No.51/2023 and the same is pending before the Principal District Court, Nagapattinam.

¶4As seen from the grounds of detention, it is clear that though the detenu was arrested on 19.12.2022, the order of detention came to be passed only on 01.03.2023 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 C.O.C.No.08/2023 dated 01.03.2023 passed by the second respondent is set aside. The detenu, viz., Vasu @ Vasudevan, S/o.Ramachandran, aged about 20 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.)

04.09.2023 NCC : Yes / No Index : Yes / No Lm To

1.The Additional Chief Secretary to Government, The Government of Tamil Nadu, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009.

2.The District Collector and the District Magistrate, Nagapattinam District, Nagapattinam

3.The Superintendent, Central Prison, Tiruchirappalli District.

4.The Joint Secretary to Government, Public (Law and Order), Fort St.George, Chennai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. M.S.RAMESH,J. and M.NIRMAL KUMAR,J. Lm

H.C.P.(MD)No.433 of 2023

04.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.09.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.433 of 2023 Meena .. Petitioner (Mother of the Detenu) Vs. 1.The Government of Tamil Nadu, Represented by its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai – 600 009. 2.The District Collector and the District Magistrate, Nagapattinam District, Nagapattinam 3.The Superintendent, Central Prison, Tiruchirappalli District. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus, to call for the order made in C.O.C.No. 08/2023 dated 01.03.2023 on the file of the second respondent and quash the same and consequently direct the respondents to produce the petitioner's son namely "Vasu @ Vasudevan, S/o.Ramachandran, aged about 20 years" who is now detained as a detenu at Central Prison Tiruchirappalli or his corpus or body before this Court and set him at liberty forthwith. For Petitioner : Mr.J.Sankara Pandian For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor