Selvi v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MS.JUSTICE V.M.VELUMANI H.C.P.No.278 of 2020 Selvi ... Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Dept., Secretariat, Chennai 600 009.

2.Commissioner of Police, Greater Chennai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Habeas Corpus, calling for the records in connection with the order of Detention passed by the second respondent dated 14.01.2020 in Memo No.26/BCDFGISSSV/2020 against the petitioner Son Rajkumar, male aged 23 years, S/o.Thangaraj, who is confined at Central Prison, Puzal, Chennai and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner : Mr.S.Senthilvel.

For Respondents: Mr.R.Prathap Kumar, Additional Public Prosecutor.

O R D E R

(Order of the court was made by N.KIRUBAKARAN.J.,) The matter was heard through "Video Conference". 2.The Petitioner who is the mother of the detenu has challenged the detention order passed against the detenu in Memo No.26/BCDFGISSSV/2020 dated 14.01.2020 by the Second Respondent as he has got two adverse cases apart from the ground case. 3.Heard Mr.S.Senthilvel, learned Counsel appearing for the Petitioner and Mr. R. Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents. https://hcservices.ecourts.gov.in/hcservices/

4.It is seen from the records that a similar case bail petition referred in the grounds of detention occurring in Page Number 415 of the booklet, supplied to the detenu is illegible and the same vitiates the detention order. Hence, this Petition has to be necessarily allowed.

5.Accordingly, the detention order passed by the Second Respondent in Memo No.26/BCDFGISSSV/2020 dated 14.01.2020 is quashed and the Habeas Corpus Petition is allowed. The detenu viz., Rajkumar, male aged 23 years, S/o.Thangaraj, who is confined at Central Prison, Puzhal, Chennai is directed to be set at liberty forthwith unless his presence is required in connection with any other case.

s/d- Assistant Registrar True Copy Sub-Assistant Registrar To 1.The Secretary to the Government, Home, Prohibition and Excise Dept., Secretariat, Chennai 600 009.

2.Commissioner of Police, Greater Chennai.

3.The Superintendent of Prison, Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras, Chennai.

5.The Joint Secretary Public (Law and Order) Department Secretariat Fort St.George Chennai - 600 009.

H.C.P.No.278 of 2020 SV(CO) SP(01/09/2020) https://hcservices.ecourts.gov.in/hcservices/