Jayalakshmi v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE Mr.JUSTICE R.SAKTHIVEL Jayalakshmi W/o. Ashok @ Ashok Kumar .. Petitioner / Wife of the detenu Vs.

1. The State of Tamil Nadu Rep. By its Additional Chief Secretary to Government Prohibition & Excise Department (Home) Fort St.George, Chennai - 600 009

2. The District Collector and District Magistrate Thiruvarur District Thiruvarur

3. The Superintendent of Police Thiruvarur District Thiruvarur

4. The Superintendent of Prison Central Prison Thiruchirapalli

5. The Inspector of Police Perugavazhanthan Police Station Page Nos.1/8

Thiruvarur 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 pertaining to the detention order dated 26.10.2022 in C.O.C.No.34 of 2022 passed by the 2nd respondent and issue direction to produce the body of the detenu namely Ashok @ Ashok Kumar, aged 33, son of Rajappa presented confined in Central Prison, Thiruchirapalli before this Court and set him at liberty forthwith.

For Petitioner :

Mr.Swami Subramanian For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

[Order of the Court was made by M.SUNDAR, J.,] When the matter came up for admission on 27.01.2023, this Bench made an order and a scanned reproduction of the same is as follows: Page Nos.2/8

Page Nos.3/8

Page Nos.4/8

2. Mr.Swami Subramanian, learned counsel on record for petitioner and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all respondents are before us.

3. In the admission Board though subjective satisfaction qua imminent possibility of detenu being enlarged on bail point was projected, in the hearing today, Mr.Swami Subramaniam, learned counsel for petitioner drew our attention to pages 36 and 41/42 of the grounds booklet served on the detenu. To be noted, pages 36 is the prayer for remand placed before the jurisdictional Magistrate by the Sponsoring Authority and pages 41/42 are the First Information Report (FIR) in the ground case. Learned counsel pointed out that these pages are not legible and not readable.

4. We had the benefit of perusing the grounds booklet served on the detenu. We are unable to disagree with counsel for petitioner. As this matter turns heavily on records before this Court, learned Prosecutor has little say (no say).

Page Nos.5/8

5. We find that the documents referred to supra are critical documents as one is a prayer for remand placed before the jurisdictional Magistrate by the Sponsoring Authority and the other is FIR in the ground case. These two being crucial and critical documents, we are of the view that these illegible copies in the grounds booklet have impaired the rights of the detenu to make an effective representation qua the impugned preventive detention order. We remind ourselves that such a right i.e., right of the detenu to make an effective representation against impugned preventive detention order is a sanctus right ingrained in Article 22(5) of the Constitution of India. As this is infraction of the constitutional right/constitutional safeguard ingrained in Article 22(5) of the Constitution, we are of the view that the impugned preventive detention order deserves to be dislodged.

6. Ergo, the sequitur is, captioned HCP is allowed. Impugned detention order dated 26.10.2022 bearing reference C.O.C.No.34/2022 made by the second respondent is set aside and the detenu Mr.Ashok @ Ashok Kumar, son of Mr.Rajappa, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no Page Nos.6/8

order as to costs.

(M.S.,J.) (R.S.V.,J.) 14.06.2023 Index : Yes/No Speaking order/Non-speaking order gpa P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Tiruchirappalli To

1. Additional Chief Secretary to Government Prohibition & Excise Department (Home) Fort St.George, Chennai - 600 009

2. The District Collector and District Magistrate Thiruvarur District Thiruvarur

3. The Superintendent of Police Thiruvarur District Thiruvarur

4. The Superintendent of Prison Central Prison Thiruchirapalli

5. The Inspector of Police Perugavazhanthan Police Station Thiruvarur District

6. The Public Prosecutor Madras High Court, Chennai M.SUNDAR, J.

and Page Nos.7/8

R.SAKTHIVEL , J.

gpa 14.06.2023 Page Nos.8/8