Krishnamoorthy v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.10.2020 CORAM :
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN H.C.P.No.567 of 2020 Krishnamoorthy ... Petitioner Vs 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Nagapattinam District, Nagapattinam.
... 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 relating to the petitioner's wife detention under Tamil Nadu Act 14 of 1982 vide detention order, dated 28.02.2020 on the file of the second respondent made in proceedings Memo C.O.C.No.05/2020, quash the same as illegal and consequently direct the respondents to produce the petitioner's wife namely Murugeswari, W/o.Krishnamoorthy, aged 55 years before this Court and set the detenue at liberty from detention, now the detenue detained at Special Prison for Women, Tiruchirappalli.
For Petitioner : Mr.J.Jawahar 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 Conferencing". 2.The Petitioner who is the husband of the detenue has challenged the detention order passed against the detenue in
Memo C.O.C.No.05/2020 dated 28.02.2020 by the Second Respondent under Section 2 (b) of the Tamil Nadu Act 14 of 1982 terming her as 'BOOTLEGGER' as she has got five adverse cases registered against her apart from the ground case.
3.Heard Mr.J.Jawahar, learned Counsel appearing for the Petitioner and Mr.R.Prathap Kumar, learned Additional Public Prosecutor appearing for the Respondents.
4.It is seen from the records that there was a delay in passing the Detention Order. Though the detenue was arrested on 29.01.2020, the Detention Order was passed only on 28.02.2020 and the same vitiates the detention order and this petition has to be necessarily allowed.
5.Accordingly, the detention order passed by the Second Respondent in Memo C.O.C.No.05/2020 dated 28.02.2020 is quashed. The detenue, viz., Murugeswari, W/o.Krishnamoorthy, aged 55 years, now confined in Special Prison for Women, Tiruchirappalli is directed to be set at liberty forthwith unless her presence is required in connection with any other case. 6.On technical grounds only, the detention order has been quashed by this Court. The very purpose of detention is to prevent the detenue from repeating offences and that public safety is ensured. Since this Court has quashed the detention order, in the interest of public and in the interest of justice, this Court is justified in directing the detenue to appear before the jurisdictional Police Station, every Monday at 11.00 A.M., till 27.02.2021. The very purpose of this direction is to ensure that the detenue does not repeat the commission of offence and that the police can also have a watch over the movement of the detenue, even if she is outside the prison. Accordingly, this petition is allowed.
Sd/- Assistant Registrar //True copy// Sub Assistant Registrar mbi To 1.The Secretary to Government, Home, Prohibition and Excise Department, Secretariat, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Nagapattinam District, Nagapattinam.
3.The Superintendent of Prison, Special Prison for Women, Tiruchirappalli.
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.567 of 2020 PA(CO) GMY(09/11/2020)