Nowsath v. The Principal Secretary to Government

ORDER [Order of the Court was made by M.S.RAMESH, J.] The petitioner is the wife of the detenu viz., Ansari, S/o.Sardhar, aged about 28 years. The detenu has been detained by the second respondent by order in C.No.116/Detention/C.P.O/T.C/2022 dated 26.08.2022 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.

¶3Though several grounds have been raised in the Habeas Corpus Petition, the learned counsel appearing for the petitioner would mainly focus his argument on the ground that the detaining authority after being aware of the fact that there was no bail application filed by the detenu came to the conclusion that there is a real possibility of the detenu coming out on bail by relying upon the order passed in Crl.M.P.No.567 of 2021 dated

26.08.2021. The learned counsel for the petitioner therefore submitted that the order relied upon by the detaining authority is not similar and on that score, the detention order is liable to be interfered with.

¶4The learned Additional Public Prosecutor strongly opposed the Habeas Corpus Petition by filing counter.

¶5On carefully going through the detention order, it is seen that in the order that was relied upon by the detaining authority in Crl.M.P.No. 567/2021 dated 26.08.2021, the accused therein was enlarged on bail since co-accused was released on bail. However, in the present case, the co-accused are still in jail. Hence, the order that was relied upon by the detaining authority cannot be considered to be an order passed in a similar case.

¶6In view of the above, the detention order suffers from non application of mind and the same is liable to be interfered with by this Court. The impugned detention order is, therefore, liable to be quashed.

¶7In the result, the Habeas Corpus Petition is allowed and the order of detention in C.No.116/Detention/C.P.O/T.C/2022 dated 26.08.2022 passed by the second respondent is set aside. The detenu, viz., Ansari, S/o.Sardhar, aged about 28 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.)

07.07.2023 NCC : Yes/No Index : Yes/No Speaking/Non-speaking order mbi To

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

2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli.

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. H.C.P(MD)No.1985oofo2022 M.S.RAMESH,oJ. and M.NIRMALoKUMAR,oJ. mbi H.C.P(MD)No.1985oofo2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.07.2023 CORAM : THE HONOURABLE MR JUSTICE M.S.RAMESH AND THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR Nowshath .. Petitioner vs. 1.The Principal Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009. 2.The Commissioner of Police, Tiruchirappalli City, Tiruchirappalli. 3.The Superintendent of Prison, Central Prison, Tiruchirappalli. ... Respondents PRAYER: Petition under Article 226 of the Constitution of India praying to issue a writ of habeas corpus calling for the records pertaining to the impugned detention order passed by the second respondent in proceedings in C.No.116/Detention/C.P.O/T.C/2022 dated 26.08.2022 in detaining the detenu under Section 2 (f) of the Tamil Nadu Act 14/1982 as a Goonda and quash the same and direct the respondents to produce the detenu namely Ansari, S/o.Sardhar, aged about 28 years, who is detained in Central Prison, Tiruchirappalli, before this Court and set him at liberty. For Petitioner : Mr.K.M.Karunakaran For respondents : Mr.A.Thiruvadi Kumar, Additional Public Prosecutor