Syed Ibrahim v. The Additional Chief Secretary to Government

ORDER [Order of the Court was made by R.SURESH KUMAR, J.] This Habeas Corpus Petition has been filed to quash the Detention Order dated 30.04.2022 of the 2nd respondent in No.16/BCDFGISSSV/2022 and to direct the respondents to produce the body or person of the detenu, Yasin Mohammed Ali, S/o.Syed Ibrahim, aged about 25 years.

¶2The detenu was arrested in the ground case on 07.04.2022, which is a case registered for the alleged offence punishable under Section 392 r/w 397 and 506(ii) IPC. Challenging the same, the petitioner's father is before this Court with this petition.

¶3Among various grounds that has been taken by the petitioner, according to the learned counsel for the petitioner, one such ground was that even though the detention order has been passed on 30.04.2022, within 5 days period, the detention order paper book has not been served on the detenu. In this context, on his behalf a representation dated 08.05.2022 has been given to the Commissioner of Police, ie, the detaining authority, where he has stated the following specific statement: "NkYk;> mtiu Fz;lh; jLg;Gr; rl;lj;jpy; milj;jJ

Fwpj;J

Kiwg;gb

vq;fSf;F njhpag;gLj;jg;gltpy;iy. ,d;W tiu vdJ kfDf;F Fz;lh; jLg;Gfhty; Gj;jfk; jutpy;iy rpiwapy; Gj;jfk; Nfl;ljw;F> ,d;Dk; n[apyh; ifnahg;gk; ,ltpy;iy vd;W juhky; ,Uf;fpd;wdh;. ,jdhy; vdJ kfdhy; Nky; mjpfhhpfSf;F KiwaPL nra;a Kbatpy;iy. vq;fsJ

mbg;gil

chpik

,jd;

%yk; gwpf;fg;gl;Ls;sJ." Therefore, the learned counsel for the petitioner seeks indulgence of this Court on this ground.

¶4However, the learned Additional Public Prosecutor would submit that certainly on 2nd May 2022, the booklet has been supplied to the detenu through the jail authorities, for which, there is a proof. When that being so, this kind of ground cannot be taken, based on which, the detenu cannot seek for any shelter.

¶5We have considered the said submissions and perused the materials available on record.

¶6It is the plea on behalf of the detenu that the Jail Superintendent has not signed the papers, ie., the booklet to the detenu and he had kept it for ten days or more. Thereafter only, he signed the same. This point has been specifically raised by the petitioner in his representation on

08.05.2022, as according to the petitioner, though detention order is dated

30.04.2022, the booklet has not been supplied to him. The said point has not been specifically met by the respondent in this context. The learned Additional Public Prosecutor would submit that it is a factual matrix as to whether booklet given to the Jail Superintendent for serving the same to the detenu was served before five days period is not, for which, the report has to be obtained from the Jail Superintendent and without which or without verifying the same, the said stand taken by the learned counsel for the petitioner cannot be taken.

¶7However, it is seen that this Habeas Corpus Petition has been filed before this Court long back, where a copy of the representation dated

08.05.2022 also has been annexed, wherein, the afore-stated specific ground has been taken or complaint has been given, as we noted hereinabove, despite that no denial or no reason whatsoever has been given by the Jail Superintendent as to why the paper book has not been submitted before 5 days period. When that being so, at the fag end of the detention order, which is going to be completed in another few days, we are of the view that based on such point, the detention order can be interfered with.

¶8In the result, the Habeas Corpus Petition is allowed and the order of detention in Detention Order No.16/BCDFGISSSV/2022 dated

30.04.2022 passed by the second respondent is set aside. The detenu, viz., Yasin Mohamed Ali, S/o.Syed Ibrahim aged about 25 years, is directed to be released forthwith unless his detention is required in connection with any other case.

¶9It is made clear that in this case, since this peculiar ground has been taken, it cannot be treated as a precedent for any other case. It is further made clear that if any such specific plea is raised in this context on behalf of any detenu in Habeas Corpus Petitions that point should be specifically met by the respondents, after getting written instructions to that effect or counter to that effect shall be filed by the Jail Superintendent.

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

06.04.2023 Index : Yes/No Internet : Yes RR To

1.The Principal Secretary to Government, Prohibition and Exercise Department, Fort St.George, Chennai 600 009.

2.The Commissioner of Police, Office of Commissioner and Police, Madurai City.

3.The Superintendent of Prison, Central Prison Madurai, New Jail Road, Madurai.

4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. R.SURESH KUMAR,J. and K.K.RAMAKRISHNAN,J. RR

HCP.(MD)No.1101 of 2022

06.04.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.04.2023 CORAM The Honourable Mr. Justice R.SURESH KUMAR and The Honourable Mr. Justice K.K.RAMAKRISHNAN H.C.P.(MD)No.1101 of 2022 Syed Ibrahim .. Petitioner Vs. The State rep by, 1.The Principal Secretary to Government, Prohibition and Exercise Department, Fort St.George, Chennai 600 009. 2.The Commissioner of Police, Office of Commissioner and Police, Madurai City. 3.The Superintendent of Prison, Central Prison Madurai, New Jail Road, Madurai. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a writ of Habeas Corpus calling for the entire records relating to the detention of the petitioner's son namely Yasin Mohammed Ali, S/o.Syed Ibrahim, aged about 25 years vide detention order No.16/BCDFGISSSV/2022 dated 30.04.2022 and quash the same and consequently direct the respondents to produce the body or person of the detenue now detained at Central Prison, Madurai, before this Court and set him at liberty. For Petitioner : Mr.P.Karthick For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor