Tmt.Amsaveni v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.10.2015
CORAM
THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P. No.1634 of 2015 Amsaveni .. Petitioner Vs.
1.The Secretary to the Government, Department of Consumer affairs, Government of India, Krish Bhavan, New Delhi 110 001.
2.The Secretary to the Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai 600 009.
3.The District Collector and District Magistrate, Vellore District, Vellore.
.. Respondents Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Habeas Corpus to call for the records in connection with the order of detention passed by the third respondent in his office ref. C3.D.O.No.59/2015 dated 13.06.2015 against the petitioner's husband namely S.R.Ganesan, S/o.Ramasamy, aged about 58 years, at Central Prison, Vellore, Vellore District and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For Petitioner :
Mr.E.Kannadasan For Respondents :
Mr.M.Maharaja, APP for R2 and R3
ORDER
[Order of the Court made by S.TAMILVANAN,J.] Challenge is made to the order of detention passed by the third respondent vide office ref.C3.D.O.No.59/2015 dated
13.06.2015 whereby the detenu/husband of the petitioner, by name, S.R.Ganesan, S/o.Ramasamy, aged about 58 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 "Black Marketer". 2.Though many grounds have been raised in the petition, Mr.E.Kannadasan, the learned counsel appearing for the petitioner, confines his argument only in respect of nonapplication of mind on the part of the detaining authority in passing the order of detention.
3.Learned counsel appearing for the petitioner submitted that in the booklet, furnished to the detenu, several pages viz. page Nos.57, 58 etc. were found to be 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 several copies of documents referred and relied upon 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 third respondent is set aside. The detenu is directed to be released forthwith unless his presence is required in connection with any other case. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar vga To 1.The Secretary to the Government, Department of Consumer affairs, Government of India, Krish Bhavan, New Delhi 110 001.
2.The Secretary to the Government, Co-operation, Food and Consumer Protection Department, Secretariat, Chennai 600 009.
3.The District Collector and District Magistrate, Vellore District, Vellore.
4.The Superintendent, Central Prison, Vellore.
5.The Joint Secretary to Govt.
Public Law & Order, Fort St.George, Chennai 9.
6.The Public Prosecutor, High Court, Madras.
+1 cc to Mr.S.Arockiam, Advocate, sr.54306 H.C.P. No.1634 of 2015 kji co kra 29/10/2015