V.Murugaveni v. The Secretary To The Government,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR V.Murugaveni .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Chennai - 600 009.
2.The District Magistrate and District Collector, Dharmapuri District, Dharmapuri.
3.The Superintendent of Prison, Central Prison, Salem.
4.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
.. Respondents 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 the detenu Mr.Viji, son of Harikrishnan, male, aged about 25 years, who is detained in Central Page Nos.1/8
Prison, Salem before this Court and pass an order to call for the records of detention order passed by the second respondent in S.C.No.13/2022 dated 25.05.2022 against the petitioner's husband Mr.Viji, son of Harikrishnan, and set aside the same and set the detenu at liberty.
For Petitioner :
Mr.M.Mohamed saifulla for Mr.K.Anand 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, this Court vide order dated 08.03.2023 admitted the captioned HCP and issued Rule nisi. A scanned reproduction of the order dated 08.03.2023 is as follows:
Page Nos.2/8
Page Nos.3/8
Page Nos.4/8
3.
The aforementioned proceedings made at the time of admission captures the factual matrix in a nut shell and therefore the aforementioned proceedings shall be read as an integral part and parcel of this order. To be noted the 'detention order dated 25.05.2022 bearing reference S.C.No.13/2022' made by the detaining authority shall be referred to as 'impugned detention order' for the sake of convenience and clarity.
4. In the Admission Board, though the case was projected on the ground that some pages in the grounds booklet are not legible, in the final hearing today, Mr.M.Mohamed Saifulla, learned counsel representing the counsel on record for petitioner drew our attention to paragraph 4 of the impugned preventive detention order and that portion of paragraph 4 relating to the point that is being urged reads as follows:
'4.I am aware that Thiru.Viji was produced before the Judicial Magistrate, Pennagaram, on 22.04.2022 in Pennagaram, on 22.04.2022 in Pennagaram Police Station Crime No.89/2022 u/s 392 Indian Penal Code @ 392 r/w 397 Indian Penal Code, and was remanded to judicial custody and lodged at the Sub Jail, Dharmapuri, as a remand prisoner till 06.05.2022.....'
Page Nos.5/8
5.
Adverting to the aforementioned portion of paragraph 4 of the impugned preventive detention order, learned counsel for petitioner submitted that the remand order has not been furnished to the detenu as part of the grounds booklet.
6.
We had the benefit of perusing the grounds booklet served on the detenu. As the point turns heavily on records, learned Prosecutor really does not have much of a say. The fact of the matter remains that the remand order has not been provided to the detenu as part of the grounds booklet. We have no difficulty in accepting the argument or in other words the extension of the argument that this non-furnishing of the remand order to the detenu has impaired the detenu's right to make effective representation. We also remind ourselves that the detenu's right to make effective representation qua preventive detention order is a constitutional guarantee ingrained in Article 22(5) of the constitution of India. As sanctus of constitutional guarantee has been subjected to infraction, the impugned preventive detention order deserves to be dislodged.
7. Apropos, the sequitur is, captioned HCP is allowed. Impugned Page Nos.6/8
detention order dated 25.05.2022 bearing reference S.C.No.13/2022 made by the second respondent is set aside and the detenu Thiru.Viji, aged about 25 years, son of Thiru.Harikrishnan, 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.) 25.04.2023 Index : Yes / No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Salem.
To 1.The Secretary to the Government, Home, Prohibition and Excise Department, Chennai - 600 009.
2.The District Magistrate and District Collector, Dharmapuri District, Dharmapuri.
3.The Superintendent of Prison, Central Prison, Salem.
4.The Inspector of Police, Pennagaram Police Station, Dharmapuri District.
5.The Public Prosecutor, High Court, Madras.
M.SUNDAR, J., and M.NIRMAL KUMAR , J., Page Nos.7/8
mmi 25.04.2023 Page Nos.8/8