Anitha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21-03-2016
CORAM
THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN HABEAS CORPUS PETITION No.2562 of 2015 Anitha .. Petitioner vs.
State rep. by 1.The Secretary to Government Home, Prohibition and Excise Department Secretariat Fort St. George Chennai-600 009.
2.The Commissioner of Police Chennai Police.
.. 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 entire records relating to the Detention Order passed by the second respondent in Memo No.945/BCDFGISSSV/2015, dated 17.09.2015, quash the same and consequently, to direct the respondents to produce the detenu viz., Sasidharan @ Appu, S/o.Vijayakumar, aged about 28 years, now confined at Central Prison, Puzhal, Chennai, before this Court and to set him at liberty.
For Petitioner : Mr.G.Gubendiran For Respondents : Mr.A.N.Thambidurai Additional Public Prosecutor
ORDER
(Order of the Court was made by M.SATHYANARAYANAN, J.) Petitioner is the wife of the detenu, namely, Sasidharan @ Appu, and challenge is made to the order of detention, dated 17.09.2015, passed by the second respondent, under which the detenu has been branded as a "Goonda" and detained under the Tamil Nadu Act 14 of 1982.
2. As per the grounds of detention dated 17.09.2015, the detenu came to the adverse notice in the following four cases:-
1. K-4 Anna Nagar Police Station Cr.No.1595 of 2014 for the alleged commission of the offence u/s. 379 of IPC and the offence said to have taken place at 15.00 hours on 19.07.2014.
2. K-4 Anna Nagar Police Station Cr.No.2586/2014 for the alleged commission of the offence u/s. 379 of IPC and the offence said to have taken place at 05.10 hours on 21.11.2014.
3. K-4 Anna Nagar Police Station Cr.No.577/2015 for the alleged commission of the offences u/s. 341, 294(b), 392 and 506 (i) IPC and the offence said to have taken place at 20.00 hours on 08.08.2015.
4. K-4 Anna Nagar Police Station Cr.No.590/2015 for the alleged commission of the offences u/s. 341, 294(b), 384 and 506 (ii) of IPC and the offence said to have taken place at 17.30 hours on 19.08.2015.
3. In the grounds of detention, it is stated among other things, that the detenu was also involved in the commission of similar kind of offence, which took place at about 8.30 hours on 29.08.2015, and in that regard, the Inspector of Police, K-4 Anna Nagar Police Station, has registered a case against the detenu in Crime No.607 of 2015 for the commission of the offences under Sections 341, 294(b), 214, 336, 392, 307 and 506 (ii) IPC (which is the ground case). The detenu was arrested on 29.08.2015, at about 09.50 hours. On such arrest, the detenu voluntarily came forward to give a confession statement, which was recorded in the presence of witnesses, wherein, he has admitted his involvement in the 3rd and 4th adverse cases. Thereafter, the detenu was produced before the jurisdictional Magistrate, who remanded him to judicial custody till 11.09.2015 and subsequently, his remand period was extended till 25.09.2015.
4. The detaining authority on being satisfied with the materials placed before him by the sponsoring authority that the activities of the detenu are prejudicial to the maintenance of public order, has clamped the order of detention.
5. Mr.G.Gubendiran, learned counsel appearing for the petitioner, would submit that page No.83 of the booklet contains the copy of the arrest card in respect of the 4th adverse case, which is totally illegible. This illegible copy would deprive the detenu of making effective representation to the authorities against the order of detention. Thus, the detention order is vitiated and hence, prays for the quashment of the said order.
6. Per contra, Mr.A.N.Thambidurai, the learned Additional Public Prosecutor would contend that on due and proper application of mind, the detaining authority has rightly arrived at the subjective satisfaction and hence, prays for the dismissal of the petition.
7. As rightly pointed out by the learned counsel appearing for the petitioner, a perusal of page 83 of the booklet would go to show that it contains the copy of the arrest card furnished to the detenu in respect of the 4th adverse case, which is a relied upon document is totally illegible and thereby depriving the detenu from making effective representation to the authorities against the order of detention. Therefore, the subjective satisfaction arrived at by the detaining authority is vitiated. Hence on this sole ground, the order of detention is liable to be quashed.
8. In the result, this Habeas Corpus Petition is allowed and the order of detention passed by the second respondent in Memo No.945/BCDFGISSSV/2015, dated 17.09.2015, is quashed. The detenu is ordered to be set at liberty forthwith unless his custody is required in connection with any other case. Sd/- Asst.Registrar (J) /true copy/ Sub Asst. Registrar paa To:
1.The Secretary to Government Home, Prohibition and Excise Department Secretariat Fort St. George Chennai 600 009.
2.The Commissioner of Police Chennai Police.
3.The Superintendent of Prisons Central Prison, Puzhal, Chennai.
4. The Joint Secretary to Government Public (Law and order) Fort St. George, Chennai-9 5.The Public Prosecutor High Court, Madras.
HCP No.2562 of 2015 SKV (CO) kk 11/4