A.Akila v. The Additional Chief Secretary to the Government

ORDER (Order of the Court was made by M.S.RAMESH, J.) The petitioner is the wife of the detenu viz., Azhagumani, son of Raju, aged about 39 years. The detenu has been detained by the second respondent by his order in Cr..M.P.No.53/2022, dated 25.08.2022, 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 06.06.2022, the detention order was passed only on

25.08.2022, i.e., after a considerable delay of 80 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 06.06.2022, the order of detention came to be passed only on 25.08.2022 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.53/2022, dated 25.08.2022, passed by the second respondent is set aside. The detenu, viz., Azhagumani, son of Raju, aged about 39 years, is directed to be released forthwith unless his detention is required in connection with any other case. NCC : Yes / No

(M.S.R.,J.) (M.N.K.,J.) Index : Yes / No

07.07.2023 smn2/RR To

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

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

3.The Superintendent, Central Prison, Tiruchirappalli.

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

M.S.RAMESH,J. and M.NIRMAL KUMAR,J. smn2/RR

H.C.P.(MD)No.1735 of 2022

07.07.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023 CORAM THE HON'BLE MR JUSTICE M.S.RAMESH AND THE HON'BLE MR JUSTICE M.NIRMAL KUMAR H.C.P.(MD)No.1735 of 2022 A.Akila .. Petitioner/Wife of the Detenu Vs. 1.Government of Tamil Nadu, Rep. By its Additional Chief Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2.The District Collector and District Magistrate, Tiruchirappalli District, Tiruchirappalli. 3.The Superintendent, 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 entire records connected with the detention order of the second respondent in Cr.M.P.No.53/2022, dated 25.08.2022, quash the same and direct the respondents to produce the body or person of the petitioner's husband namely, Azhagumani, Male, aged about 39/2022, son of Raju, now confined at Central Prison, Tiruchirappalli, and set him at liberty forthwith. For Petitioner : Mr.C.Jeyaprakash For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor