Sathiyakala v. The Principal Secretary To Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.01.2025 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN H.C.P.No.16 of 2025 Sathiyakala ... Petitioner/Wife of the Detenu Vs.
1.
The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
The Commissioner of Police/ Detaining Authority, Tiruppur City, Tiruppur District.
The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.
State represented by its The Inspector of Police, South Police Station, Tiruppur, Tiruppur District.
... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Habeas Corpus, to call for the entire records, relating to the petitioner's husband detention under Tamil Nadu Act 14 of 1982 vide detention order dated 09.12.2024 on the file of the second respondent herein made in proceedings C.No.96/G/IS/Tiruppur City/2024, quash the same as illegal and consequently direct the respondents herein to produce the petitioner's husband Sarathy, S/o. Annadurai, aged 38 years before this Court and set the petitioner's husband at liberty from detention now the petitioner's husband detained at Central Prison, Coimbatore. For Petitioner : Mr.W.Camyles Gandhi For Respondents : Mr. R.Muniyapparaj Additional Public Prosecutor
ORDER
(Order of the Court was made by the Hon'ble S.M.Subramaniam, J.) The preventive detention order passed by the second respondent in proceedings C.No.96/G/IS/Tiruppur City/2024 dated 09.12.2024 is sought to be quashed in the present habeas corpus petition. Heard the learned counsel for the petitioner, as well as the learned Additional Public Prosecutor appearing for the respondents. One adverse case relied on was registered in Crime No.234 of 2021 under Section 392, 397 of IPC read altered into under Section 364 (A), 394 r/w 397 of IPC along with the ground case for issuing the impugned
detention order. The said case was registered in the year 2021 and has no proximity with the ground case, which was registered on 07.11.2024 in Crime No.868 of 2024 under Section 140(3) of Bharatiya Nyaya Sanhita, 2023.
Perusal of the facts of the ground case would be sufficient to form an opinion that the said case can be dealt with by the Police Authorities under the ordinary law. Mere involvement in a criminal case cannot be a ground to invoke preventive detention law. Subjective satisfaction of the detaining Authority with reference to the records available are of paramount importance. The adverse case has no proximity with the ground case and can be dealt with by the Police Authorities under the law of the land. That being the factum, the preventive detention in the present case is unnecessary.
5.
Accordingly, the detention order passed by the 2nd respondent, in proceedings C.No.96/G/IS/Tiruppur City/2024 dated 09.12.2024 is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Sarathy, aged 38 years, S/o. Annadurai confined at Central Prison,
Coimbatore is directed to be set at liberty forthwith unless he is required in connection with any other case.
[S.M.S., J.] [M.J.R., J.] 28.01.2025 Index :
Yes/No Speaking Order :
Yes/No :
Yes/No veda
To 1.
The Principal Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
The Joint Secretary to Government, Public (Law and Order) Department, Fort St.George, Chennai - 9.
The Commissioner of Police/ Detaining Authority, Tiruppur City, Tiruppur District.
The Superintendent of Prison, Central Prison - Coimbatore, Coimbatore District.
5.
The Inspector of Police, South Police Station, Tiruppur, Tiruppur District.
6.
The Public Prosecutor, Madras High Court, Chennai - 104.
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
veda H.C.P.No.16 of 2025 28.01.2025