I.Thiripurasundari, (F/28) v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 31.10.2017
CORAM:
THE HONOURABLE MR.JUSTICE RAJIV SHAKDHER and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR H.C.P. No.1292 of 2017 I.Thiripurasundari ... Petitioner/wife of the detenue -vs1.The Secretary to Government, Government of India, Ministry of Home Affairs, (Department of Internal Security), North Block, New Delhi-110 001.
2.The Secretary to Lieutenant Governor, Rajnivas, Puducherry.
3.The District Magistrate-cum-Authorised Officer, I Floor, Vazhadhavoor Road, Kavundanpalayam, Puducherry.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Habeas Corpus, calling for the records relating to the order of detention inNo.09/DM/RO/D2/PPASAA/2017 on the file of the 3rd respondent dated 11.07.2017 quash the same and direct the respondents to produce the corpus of the detenue Iyappan son of Durairaju who is kept in Central Prison, Kalapet, Puducherry before this Court and set him at liberty. For Petitioner :
Mr. V. Elangovan For Respondents:
Mr. Bharatha Charkravarthy Public Prosecutor, Puducherry (for R2 & R3) For R1 Mr.S.Arockiam ACGSC
O R D E R
[Order of the Court was made by RAJIV SHAKDHER, J.]
1. The petition seeks to challenge the Detention Order dated 11-07-2017. The Detaining Authority, in the impugned order has taken note of 16 adverse cases pertaining to the detenue. A perusal of paragraph 2(vi) shows that out of 16 cases, the
detenue stands acquitted in ten (10) cases. Furthermore, trial is pending in two (2) cases. In addition, according to the Detaining Authority, two (2) cases are under investigation. 2.Insofar as the subject cases are concerned, the Detaining Authority has exercised powers under the Puducherry Prevention of Anti-Scial Activities Act, 2008 (Act No.10 of 2010). The said cases are numbered as: Cr.No.193 of 2016 and Cr.No.229 of 2016. According to the Detaining authority, the detenue has applied for bail in these matters, which are presently pending adjudication.
3. This apart, our attention has been drawn by the counsel for the petitioner to the fact that a representation for release of the detenue was made on14.07.2017.
In the said representation, inter alia, an assertion was made that no underlying material, based on which the detaining authority came to exercise the powers under Puducherry Act 10 of 2010, was supplied to the detenue.
3.1. It is, therefore, submitted before us that failure to supply underlying material based on which the detention order is passed renders it unlawful.
4. Notice in this petition was issued on 20.07.2017. Pursuant to which State has filed a counter affidavit. During the course of the argument, we have asked Mr.Bharatha Chakravarthi, learned Public Prosecutor, Puducherry, as to whether the assertion made on behalf of the petitioner that no underlying material was supplied by the Detaining Authority, was correct. Mr. Bharatha Chakravarthi in his usual fairness has conceded that the underlying material was not supplied to the detenue.
4.1. We are of the view that the failure to supply the underlying material by the detaining authority to the detenue will, undoubtedly, render the impugned order unlawful. The detenue has been in custody, since, 10.6.2016. The question is one of personal liberty.
5. Therefore, for the foregoing reasons, we are inclined to quash the detention order. Accordingly, the detention order is quashed.
6. In the result, the Habeas Corpus Petition is allowed and the order of detention in No.09/DM/RO/D2/PPASAA/2017 dated 11.07.2017, passed by the 3rd respondent is set aside. The detenu, namely, Thiru. Iyappan, male, aged about 27 years, is directed to be released forthwith unless his detention is required in connection with any other case. Given the nature of the case, this order will be communicated to the concerned Jail
Superintendent by the Registrar General of this Court via Fax. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar To:
1.The Secretary to Government, Government of India, Ministry of Home Affairs, (Department of Internal Security), North Block, New Delhi-110 001.
2.The Secretary to Lieutenant Governor, Rajnivas, Puducherry.
3.The District Magistrate-cum-Authorised Officer, I Floor, Vazhadhavoor Road, Kavundanpalayam, Puducherry.
4. The Chief Superintendent of Central Prison, Kalapet, Puducherry.
5.The Public Prosecutor, Puducherry, Madras +1 cc to Mr.V.Elangovan Advocate sr 76910 +1 cc to Mr.S.Arockiam ACGSC Advocate sr 76790 H.C.P.No. 1292 of 2017 aa31/10/2017