Vijayalakshmi v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.08.2015

CORAM

THE HONOURABLE DR. JUSTICE S.TAMILVANAN and THE HONOURABLE MR. JUSTICE C.T.SELVAM H.C.P.No.1178/2015 Vijayalakshmi ..

Petitioner Vs.

1.State of Tamil Nadu, rep. by its Secretary Home, Prohibition & Excise Department Fort St George, Chennai 600009.

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

3.The Inspector of Police, Mathigiri Circle Police Station, Hosur Taluk, Krishnagiri District.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus calling for the records of the detention order S.C.No.34/2015 dated 22.04.2015 on the file of the second respondent herein and quash the same and direct the respondents herein to produce the body of the detenu petitioner son Gokul son of Ganesh aged about 26 years who is now confined in Central Prison, Salem, before this Court and set him at liberty. For Petitioner :

Mr.T.Thamaraiselvan For RR 1 & 2 :

Mr.M.Maharaja, Additional Public Prosecutor

ORDER

[Order of the Court was made by S.TAMILVANAN, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in S.C.No.34/2015 dated 22.04.2015, whereby the detenu, by name, Gokul, son of Ganesh, aged 26 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "Sand Offender".

2.Though many grounds have been raised in the petition, the learned counsel appearing for the petitioner, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention. 3.Learned counsel appearing for the petitioner submitted that page Nos.17, 18 and certain other pages in the booklet furnished to the detenue are illegible and could not be read at all. This illegible copies would deprive the detenu of making effective representation to the authorities against the order of detention. Thus, the detention order is vitiated on these grounds and the same is liable to be quashed.

4.Per contra, the learned Additional Public Prosecutor would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the instance of the petitioner. Therefore, he submits that the Habeas Corpus Petition does not merit any consideration and the same is liable to be dismissed.

5.We have heard the learned counsel for both sides with regard to the facts.

6.A perusal of the booklet supplied to the detenu would show that the copies of documents referred and relied upon and referred to by the Detaining Authority, in particular, page Nos.17, 18 etc., are illegible and are totally unreadable. This has resulted in the detenu being deprived of making an effective representation. Therefore, the detention order is vitiated and liable to be quashed on this ground alone.

7.It is a trite law that personal liberty protected under Article 21 is so sacrosanct and so high in the scale of Constitutional values that it is the obligation of the detaining authority to show that the impugned detention meticulously accords with the procedure established by law. Preventive detention is preventive and not punitive. When ordinary law of the land is sufficient to deal with, taking recourse to the preventive detention law is illegal.

8.In the light of the above facts and law, we have no hesitation in quashing the order of detention on the above mentioned ground.

9. Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order passed by the second respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case. -s/dAssistant Registrar(CSIV) True Copy Sub-Assistant Registrar cse To 1.The Secretary to Government Home, Prohibition & Excise Department Fort St George, Chennai 600009.

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

3.The Inspector of Police, Mathigiri Circle Police Station, Hosur Taluk, Krishnagiri District.

4.The Public Prosecutor, High Court, Madras.

5.The Superintendent of Central Prison, Salem. 6.The Joint Secretary to Government Public Law & Order Department, Fort St.George, Chennai-9 +1 cc to M/S.R.Thamaraiselvan Advocate sr.42883 H.C.P.No.1178/2015 aa07/09/2015