Mala v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No. 2904/2015 Mala .. Petitioner Vs 1.The State of Tamilnadu rep. by its Secretary to Government Prohibition and Excise Department (Home) Secretariat, Chennai-600 009.

2.The Commissioner of Police Vepery Chennai.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS to call for the entire records leading to the detention of the petitioner's husband, namely, Jagan @ Jaganathan, S/o.Balaraman, Male, aged about 39, under Act 14 of 1982, as an 'Goonda' vide the detention order dated 04.09.2015, on the file of the 2nd respondent, made in Memo No. 867/ BCDFGISSSV/2015, and quash the same and consequently, to direct the respondents to produce the body and the person of the detenu, before this Court and thereafter, to set him at liberty from the Central Prison, Puzhal, Chennai.

For Petitioner :

Mr.S.Elan Kumaran For Respondents :

Mr.A.N.Thambidurai, Additional Public Prosecutor

ORDER

[Order of the Court was made by M.JAICHANDREN,J] This Habeas Corpus Petition has been filed, by the wife of the detenu, praying that this Court may be pleased to

issue a Writ of Habeas Corpus, to call for the records in Memo No.867/ BCDFGISSSV/2015, dated 04.09.2015, passed by the 2nd Respondent, detaining the detenu, namely, Jagan @ Jaganathan, S/o.Balaraman, Male, aged 39 years, under Section 3(1) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14/1982), branding him as a "Goonda", in the Central Prison, Puzhal, Chennai, and to quash the same and to direct the respondents to produce the body of the detenu and to set him at liberty, forthwith.

2. We have heard, Mr.S.Elan Kumaran, the learned counsel appearing on behalf of the petitioner;

Mr.A.N.Thambidurai, the learned Additional Public Prosecutor appearing on behalf of the State; and we have also perused the records, carefully.

3. Though, a number of grounds had been raised by the petitioner, while challenging the impugned order of detention, dated 04.09.2015, the learned counsel, appearing on behalf of the petitioner, had submitted that, in the page Nos.76 and 80 of the booklet supplied to the detenu, the copy of the First Information Report, relating to the ground case in P1 Pulianthope Police Station Cr.No.984 of 2015, is illegible, and could not be read at all. This illegible copy would deprive the detenu of making effective representation to the authorities concerned against the order of detention. Thus, the detention order is vitiated on this ground and the same is liable to be quashed.

4. The said submission made by the learned counsel appearing on behalf of the petitioner, had not been refuted by the learned Additional Public Prosecutor.

5. It is noted that in the page Nos.76 and 80 of the booklet supplied to the detenu, the copy of the First Information Report, relating to the ground case in P1 Pulianthope Police Station Cr.No.984 of 2015, is illegible, and totally unreadable. This has resulted in the detenu being deprived of making an effective representation. In such circumstances, we find that there is non-application of mind on the part of the detaining authority, in passing the detention order. Therefore, we are inclined to set aside the impugned detention order.

6.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order, dated 04.09.2015, 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/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar paa To 1.The State of Tamilnadu rep. by its Secretary to Government Prohibition and Excise Department (Home) Secretariat, Chennai-600 009.

2.The Commissioner of Police Vepery Chennai.

3.The Superintendent Central Prison, Puzhal, Chennai.

4.The Joint Secretary to Government Public (Law & Order), Fort Saint, Chennai 9.

5.The Public Prosecutor, High Court, Madras.

H.C.P.No.2904/2015 pvs co kra 03.05.2016