K.Chandrasekar v. The Secretary To The Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR K.Chandrasekar .. Petitioner Vs 1.The Secretary to the Government, Government of Tamil Nadu (Home) Prohibition and Excise Department, Fort St.George, Chennai - 9.
2.The District Collector, District Collector's Office, Kallakurichi District - 606 202.
3.The Superintendent, Central Prison, Vellore District.
4.The Deputy Superintendent of Police, Kallakurichi Sub Division, Kallakurichi District.
5.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.
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Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus directing the respondents to produce the body of detenu namely Vasanthan @ Nithish, aged about 19 years, son of K.Chandrasekar, before this Court who is now detained in the Central Prison, Vellore pursuant to the detention order passed by the 2nd respondent in D.O.No.C2/43/2022 dated 28.08.2022 branding him as Goonda and to call for the records and quash the same and release the detenu at liberty forthwith. For Petitioner :
Mr.T.Shanmugam For Respondents :
Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John
ORDER
[Order of the Court was made by M.SUNDAR, J.,] This order will now dispose of captioned 'Habeas Corpus Petition' ('HCP' for the sake of brevity).
2.
When the captioned HCP was listed in the admission board we made the following order on 01.03.2023:
'Captioned Habeas Corpus Petition (for brevity, 'HCP') has been filed in this Court on 16.02.2023 inter-alia Page Nos.2/14
assailing a detention order dated 28.08.2022 bearing Reference Number in D.O.No.C2/43/2022 made by the 'second respondent' (hereinafter called as 'Detaining Authority' for the sake of convenience and clarity). To be noted, fifth respondent is the Sponsoring Authority.
2. The father of the detenu is the petitioner.
3. Mr.T.Shanmugam, learned counsel on record for habeas corpus petitioner, is before us. Learned counsel for the petitioner submits that the ground case qua the detenu, is for the alleged offences under Sections 147, 148, 294(b), 323, 324, 332, 353, 436 and 506 (Part-2) of the Indian Penal Code (for brevity, 'IPC') read with Sections 3, 4 and 5 of the Tamil Nadu Public Property (Prevention of Damage and Loss) Act. 1992 in Crime No.237 of 2002 on the file of the Chinnasalem Police Station, Kallakurichi District.
4. The aforementioned detention order has been made on the premise that the detenu is a 'Goonda' under Section 2(f) of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber Law Offenders, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Sexual Offenders, Slum Grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982) (hereinafter called as Act 14 of 1982 for the sake of convenience and clarity).
5. The detention order has been assailed inter-alia on the ground that Page Nos.23, 37, 43, 45 and 47 of the book-let furnished by the Detaining Authority, are illegible and the Detaining Authority ought to have furnished legible copies, which had caused prejudice to the detenu in making effective representation.
6. Prima-facie case made out for admission of the HCP. Accordingly, Admit, Issue Rule Nisi, Call for records, returnable in four weeks.
7. Mr.R.Muniyappa Raj, learned Additional Public Prosecutor, State of Tamil Nadu, High Court, Madras, accepts notice for all the respondents.
8. List the captioned HCP accordingly.'
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3.
The aforementioned order captures the crux and gravamen of the matter in a nut shell. Though in the Admission Board, the point that certain pages in the booklet being illegible was projected, today in the final hearing, we are informed by both sides that another accused (Parameshwaran) in the same chain of incidents was clamped with a preventive detention order similar to the impugned preventive detention order. In the case of the other accused namely Thiru.Parameshwaran, his spouse S.Bhavani challenged the similar preventive detention order vide H.C.P. No.1957 of 2022 and after full contest, the same was allowed by this Court vide order dated 30.03.2023 which is reported in neutral citation of this Court in website is as follows:
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4.
It is the further submission of learned counsel for petitioner that the point on which H.C.P. No.1957 of 2022 was allowed i.e., similar bail order not translated though it has been relied on in the impugned preventive detention order, is available to the detenu in the instant case also. This by itself concludes the matter as inevitable sequitur is impugned detention order also deserves to be dislodged. We are reminded of the age old adage 'Sauce to Goose is sauce to Gander too'.
5.
Apropos, the sequitur is, captioned HCP is allowed. Impugned detention order dated 28.08.2022 bearing reference D.O.No.C2/43/2022 made by the second respondent is set aside and the detenu Thiru.Vasanthan alias Nithish, aged 19 years, son of Thiru.Chandrasekar, is directed to be set at liberty forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (M.N.K.,J.) 17.04.2023 Index : Yes mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Vellore.
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To 1.The Secretary to the Government, Government of Tamil Nadu (Home) Prohibition and Excise Department, Fort St.George, Chennai - 9.
2.The District Collector, District Collector's Office, Kallakurichi District - 606 202.
3.The Superintendent, Central Prison, Vellore District.
4.The Deputy Superintendent of Police, Kallakurichi Sub Division, Kallakurichi District.
5.The Inspector of Police, Chinnasalem Police Station, Kallakurichi District.
6.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and M.NIRMAL KUMAR , J., mmi 17.04.2023 Page Nos.14/14