Kala v. The Secretary To The Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024 CORAM :

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE MR. JUSTICE SUNDER MOHAN Kala

...Petitioner

Vs.

1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate Cuddalore District, Cuddalore.

3.The Superintendent of Police, Cuddalore District, Cuddalore.

4. The Superintendent of Prison, Central Prison, Cuddalore - 4.

5. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

...Respondents

Prayer : Habeas Corpus Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Habeas Corpus, calling for the records in connection with the order of detention passed by the second respondent dated 17.10.2023 in C3/D.O. No.63/2023 against the petitioner's son Kalai @ Kalaivanan, Male, aged 22 years, S/o. Chinnasamy, who is confined at Central Prison, Cuddalore, and set aside the same and direct the respondents to produce the detenu before the Hon'ble Court and set him at liberty.

For Petitioner : Mr.M.Mohammed Saifulla For Respondents : Mr.E. Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind

O R D E R

M.S.RAMESH, J.

and SUNDER MOHAN, J.

The petitioner, mother of the detenu Kalai @ Kalaivanan, aged about 22 years, S/o.Chinnasamy, has come forward with this petition challenging the detention order passed by the 2nd respondent dated 17.10.2023 slapped on her son, branding him as "Goonda " under the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slum Grabbers and

Video Pirates Act, 1982 [Tamil Nadu Act 14 of 1982].

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

3. Though several grounds are raised in the petition, the learned counsel for the petitioner contended that detention order cannot be legally sustained as the same has been passed without any authority.

3. By invoking powers conferred by Sub-Section (1) of Section 3 of the Tamil Nadu Act 14 of 1982, the detention order dated 17.10.2023 has been passed. In the said detention order, the Government had conferred powers on the detaining authority under Sub Section (2) of Section 3 of the said Act in G.O. (D) No.193, Home, Prohibition and Excise (XVI) Department, dated 13.07.2023. As per proviso to Section 3(2) of the Tamil Nadu Act 14 of 1982, such delegation of power shall not exceed three months period. Apparently, the detention order has been passed after the expiry of 3 months from 13.07.2023, the date on which the powers were delegated to the detaining authority. There is no reference in the detention

order as to whether such a power has been extended after the expiry of three months. As such, consequential detention order has been passed without any authority and hence cannot be legally sustained.

4. In view of the aforesaid facts, this Court is of the view that the detention order is liable to be quashed.

5. Accordingly, the detention order passed by the 2nd respondent dated 17.10.2023 in C3/D.O./63/2023, is hereby set aside and the Habeas Corpus Petition is allowed. The detenu viz., Kalai @ Kalaivanan, aged 22 years, S/o. Chinnasamy, is directed to be set at liberty forthwith unless he is required in connection with any other case.

[M.S.R., J] [S.M., J] 21.03.2024 bga Index : Yes / No

To

1. The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai - 600 009.

2.District Collector and District Magistrate Cuddalore District, Cuddalore.

3.The Superintendent of Police, Cuddalore District, Cuddalore.

4. The Superintendent of Prison, Central Prison, Cuddalore - 4.

5. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

6.The Public Prosecutor, High Court, Madras.

7. The Joint Secretary, Law and Order Department, Secretariat, Chennai.

M.S.RAMESH , J.

and SUNDER MOHAN, J.

bga 21.03.2024