Poongothai v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.04.2016

CORAM

THE HON'BLE MR.JUSTICE M.JAICHANDREN and THE HON'BLE MR.JUSTICE S.NAGAMUTHU H.C.P.No. 3151 of 2015 Poongothai ... Petitioner/Mother of the Detenue Vs

1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai-600 009.

2. The Commissioner of Police Chennai Police 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 records leading to the detention of the petitioner's son, namely, Vivek, S/o.Jayaraj, Male, aged 25 years, presently detained in Central Prison, Puzhal, Chennai, under Act 14 of 1982, as an 'Goonda' vide the detention order dated 31.08.2015, on the file of the 2nd respondent, made in Memo No. 839/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.K.S.Kaviarasu 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 mother 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.839/BCDFGISSSV/2015, dated 31.08.2015, passed by the 2nd Respondent, detaining the detenu, namely, Vivek, S/o.Jayaraj, Male, aged 25 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.K.S.Kaviarasu, 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 31.08.2015, the learned counsel, appearing on behalf of the petitioner, had submitted that, page Nos.69 and 70 of the booklet supplied to the detenu, contain the copy of the First Information Report, relating to a similar case, and page Nos.90 to 93 of the booklet supplied to the detenu, contain the confession statement of the accused pertaining to a similar case, which are totally illegible, and could not be read at all. These illegible copies would deprive the detenu from making an 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 page Nos.69 and 70 of the booklet supplied to the detenu, contain the copy of the First Information Report, relating to a similar case, and page Nos.90 to 93 of the booklet supplied to the detenu, contain the confession statement of the accused pertaining to a similar case, which are totally illegible, and 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 31.08.2015, 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 IV) //True Copy// Sub Assistant Registrar paa To

1. The Secretary to the Government Home, Prohibition and Excise Department Secretariat Chennai-600 009.

2. The Commissioner of Police Chennai Police, Chennai.

3. The Superintendent Central Prison, Puzhal, Chennai.

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

5. The Additional Public Prosecutor, High Court, Madras.

H.C.P.No.3151 of 2015 SR(CO) CA(06/05/2016)