Mrs.Malar v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.06.2015
CORAM
THE HONOURABLE DR.JUSTICE S.TAMILVANAN and THE HONOURABLE MR.JUSTICE C.T.SELVAM H.C.P.No.817/2015 Mrs.Malar ..
Petitioner/ mother of the detenue Vs.
1.The Secretary to the Government, State of Tamil Nadu, Prohibition & Excise Department Fort St George, Secretariat, Chennai-9.
2.The Commissioner of Police [Detaining Authority], Greater Chennai, Egmore, Chennai 600 008.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus calling for the records in connection with the order of detention passed by the 2nd respondent dated 29.10.2014 in memo No.1632/BDFGISSV/2014 against the petitioner's son Manikandan @ Modi, male, aged 22 years, son of Nagendran, who is confined at Central Prison, Puzhal, Chennai and set aside the same and direct the respondents to produce the body and person of the petitioner's son i.e., the detenu before this Court and set him at liberty.
For petitioner :
Mr.B.Ganesha Moorthy For respondents :
Mr.M.Maharaja Additional Public Prosecutor
O R D E R
[Order of the Court was made by S.TAMILVANAN, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in Memo No.1632/BDFGISSV/2014 dated 29.10.2014, whereby the son of the petitioner by name Manikandan @ Modi, aged 22 years, son of Nagendran, was ordered to be detained under the provisions of Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest
Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slumgrabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of 1982) branding him as a "GOONDA".
2.As per the grounds of detention dated 29.10.2014, passed by the second respondent, the detenu came to adverse notice in the following cases:
i)Adverse Cases:
Sl No.
Name of the Police station and Crime No.
Section of law M1 Madhavaram PS Cr.No.615/2014 379 IPC M1 Madhavaram PS Cr.No.748/2014 379 IPC M2 Madhavaram Milk Colony PS Cr.No.607/2014 379 r/w 34 IPC K9 Thiru.Vi.Ka Nagar PS Cr.No.1603/2014 392 IPC K1 Sembium PS Cr.No.2450/2014 392 IPC (ii) Ground Case:
Sl No.
Name of the Police station and Crime No.
Section of law K5 Peravallore PS Cr.No.1975/2014 341, 392, 397, 336 & 506 [ii] IPC
3. Though many grounds have been raised in the petition, Mr.B.Ganesha Moorthy, the learned counsel appearing for the petitioner, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention.
4.Learned counsel appearing for the petitioner submitted that the detenu has been formally arrested and remanded to judicial custody in the 4th and 5th adverse cases in Cr.Nos.1603/2014 and 2450/2014 registered by the K9 Thiru.vi.Ka Police Station and K1 Sembium Police Station respectively, but the said factum of the remand of the detenu in the 4th and 5th adverse cases in Cr.Nos.1603/2014 and 2450/2014 has not been reflected in the grounds of detention, more particularly in paragraph 4 of the Detention order. This is indicative of the non-application of mind on the part of the Detaining Authority and hence, submitted that the detention order is vitiated and the same is liable to be quashed. 5.Per contra, the learned Additional Public Prosecutor would submit that the order of detention has been passed on cogent and sufficient materials and the same cannot be interfered with at the
instance of the petitioner. Therefore, he submits that the Habeas Corpus Petition does not merit any consideration and the same is liable to be dismissed.
6.We have heard the learned counsel for both sides with regard to the facts and citation.
7.As could be evidenced from the Booklet furnished before us, the detenu was arrested by way of P.T.Warrant in the 4th and 5th adverse cases in Cr.Nos.1603/2014 and 2450/2014 registered by K9 Thiru.Vi.Ka. Nagar Police Station and K1 Sembium Police Station respectively. But the factum of remand of the detenu in the adverse cases No.4 and 5, viz., in Cr.Nos.1603/2014 and 2450/2014, has not been reflected in paragraph 4 of the Grounds of Detention and only a reference has been made in respect of the ground case. When nothing has been stated about the remand of the detenu in the said adverse cases No.4 and 5, it is not known whether the detenu has filed any bail application in the said adverse cases or not. If that be so, there is no imminent possibility of the detenue coming out on bail in the said adverse cases.
Hence, the Detaining Authority has passed the Detention order in total non-application of mind which would vitiate the detention order. 8.It is a trite law that personal liberty protected under Article 21 is so sacrosanct and so high in the scale of Constitutional values that it is the obligation of the detaining authority to show that the impugned detention meticulously accords with the procedure established by law. Preventive detention is preventive and not punitive. When ordinary law of the land is sufficient to deal with, taking recourse to the preventive detention law is illegal.
9.In the light of the above facts and law, we have no hesitation in quashing the order of detention on the above mentioned grounds.
10.Accordingly, the Habeas Corpus Petition is allowed and the impugned detention order 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/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar AP
To 1.The Secretary to the Government, State of Tamil Nadu, Home, Prohibition & Excise Department Fort St George, Secretariat, Chennai-9.
2.The Commissioner of Police [Detaining Authority], Greater Chennai, Egmore, Chennai 600 008.
3.The Superintendent of Central Prison Puzhal, Chennai.
4. The Joint Secretary to Government Public (law and order) Fort Saint George, Chennai-9 5.The Public Prosecutor, High Court, Madras.
1 cc to Mr.B. Ganeshamoorthy, Advocate, Sr. 25935 H.C.P.No.817/2015 GR (CO) kk 15/6