Kalaivani v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 05.01.2016 Coram:
THE HON'BLE MR.JUSTICE R.SUDHAKAR and THE HON'BLE MR.JUSTICE P.N.PRAKASH H.C.P.No.2141/2015 Kalaivani ... Petitioner -vs1.The Secretary to the Government, Department of Consumer Affairs Government of India,, Krishi Bhawan New Delhi 110001.
2.The Secretary to Government Food & Consumer Protection Dept., Secretariat, Chennai 600 009.
3.The District Magistrate & District Collector Vellore District, Vellore-9.
..
Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in connection with the order of Detention passed by the third respondent dated 30.07.2015 in C3.D.O.No.79/2015 against the petitioner husband Velu, male, aged 45 years, son of Selvam, who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.
For petitioner :
Mr.D.Balaji For R1 :
Mr.G.Venkatesan, CGC For RR 2 & 3 :
Mr.M.Maharaja Addl. Public Prosecutor
O R D E R
(Order of the Court was made by P.N.PRAKASH, J.) The petitioner is the wife of the detenu, viz., Velu, son of Selvam, aged 45 years. The detenu has been branded as a "Black Marketer" under the provisions of the Tamil Nadu Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980 [Act 7 of 1980] by the 3rd respondent vide detention order dated 30.07.2015. 2.Though many grounds have been raised in the petition, Mr.D.Balaji, 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.2, 55 and 78 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.2, 55, 78 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 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.
Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar AP To :
1.The Secretary to the Government, Department of Consumer Affairs Government of India,, Krishi Bhawan New Delhi 110001.
2.The Secretary to Government Food & Consumer Protection Dept., Secretariat, Chennai 600 009.
3.The District Magistrate & District Collector Vellore District, Vellore-9.
4. The Superintendent Central Prison, Vellore
5. The Joint Secretary to Government Public (Law and order) Fort Saint George, Chennai 6.The Public Prosecutor High Court, Madras.
H.C.P.No.2141/2015 UG (CO) kk 19/1