Karthik v. The Additional Chief Secretary to Governement

ORDER [Order of the Court was made by M.S.RAMESH, J.] The petitioner is the detenu viz., Karthik, S/o.Shanmugam, aged about 31 years. The detenu has been detained by the second respondent by order in P.D.No.138/2022 dated 25.09.2022, 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 20.08.2022, the detention order was passed only on

25.09.2022 i.e., after a considerable delay of more than 35 days. Therefore, the detention order has to be set aside.

¶4The learned Additional Public Prosecutor strongly opposed this petition by filing counter.

¶5As seen from the grounds of detention, it is clear that though the detenu was arrested on 20.08.2022, the order of detention came to be passed only on 25.09.2022 and hence, there is an abnormal delay in passing the order of Detention, which caused prejudice to the interest of the detenu.

¶6We 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.

¶7In the result, the Habeas Corpus Petition is allowed and the order of detention in P.D.No.138/2022 dated 25.09.2022, passed by the second respondent is set aside. The detenu, viz., Karthik, S/o.Shanmugam, aged about 31 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 Speaking/Non-speaking order mbi To

1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai - 600 009.

2.The District Collector and District Magistrate, District Collector and District Magistrate's Office, Thanjavur District.

3.The Superintendent of Prison, Trichy Central Prison, Trichy District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.1826oofo2022 M.S.RAMESH,oJ. and M.NIRMALoKUMAR,oJ. mbi H.C.P(MD)No.1826oofo2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2023 CORAM : THE HONOURABLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Karthick .. Petitioner vs. 1.The Additional Chief Secretary to Government, Home, Prohibition and Excise (XVI) Department, Fort St.George, Chennai - 600 009. 2.The District Collector and District Magistrate, District Collector and District Magistrate's Office, Thanjavur District. 3.The Superintendent of Prison, Trichy Central Prison, Trichy District. ... Respondents PRAYER: Petition under Article 226 of the Constitution of India praying to issue a writ of habeas corpus calling for the entire records connected with the detention order of the second respondent in P.D.No.138/2022 dated 25.09.2022 and quash the same and direct the respondents to produce the detenu or body of the detenu namely Karthik, S/o.Shanmugam, aged about 31 years, detained as 'Goonda' in Central Prison, Trichy before this Court. For Petitioner : Mr.R.Alagumani For respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor