Ramesh, Male Aged 34 Years v. The Secretary To The
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 17.08.2017
CORAM
THE HON'BLE Mr.JUSTICE A.SELVAM and THE HON'BLE Mr.JUSTICE P.KALAIYARASAN H.C.P.No.635 of 2017 Ramesh .. Petitioner Vs 1.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
2.The Commissioner of Police, Greater Chennai Police.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a WRIT OF HABEAS CORPUS, to call for the records in connection with the order of detention passed by the 2nd respondent dated 02.02.2017 in BCDFGISSSV No.42/2017 against the detenu Ramesh, aged 23 years, S/o.Rajendran, who is confined at Central Prison, Puzhal-II, Chennai 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.S.Senthilvel For Respondents : Mr.V.M.R.Rajentren, Additional Public Prosecutor
O R D E R
[Order of the Court was made by A.SELVAM, J.] This Habeas Corpus Petition has been filed under Article 226 of the Constitution of India praying to call for records relating to the detention order passed in BCDFGISSSV No.42/2017 dated 02.02.2017 by the Detaining Authority against the detenu by name, Ramesh, aged 23 years, S/o.Rajendran, residing at No.11, Bajanaikoil Street, 1st Street, Kumaran Colony, Vadapalani, Chennai-26 and quash the same.
2. The Inspector of Police, S-1 St. Thomas Mount Police Station as Sponsoring Authority has submitted an affidavit to the Detaining Authority, wherein, it is averred to the effect
that the detenu has involved in the following adverse cases : i. S-9 Pazhavanthangal Police Station Crime No.1592/2016 registered under Section 379 of IPC.
ii.S-4 Nandambakkam Police Station Crime No.1582/2016 registered under Section 379 of IPC.
3. Further, it is averred in the affidavit that on 30.11.2016, one Natarajan, S/o.Vijayaraj, residing at No.5/14, Seven Well Street, Butt Road, Chennai-16, as de facto complainant has given a complaint in St. Thomas Mount Police Station, wherein, it is alleged that in the place of occurrence, the present detenu and another have unlawfully restrained the de facto complainant and by showing a deadly weapon, avulsed a sum of Rs.1,000/- and also a gold ring from the de facto complainant and consequently, a case has been registered in Crime No.1649/2016 under Sections 341, 294[b], 323, 427, 397 and 506 [ii] of Indian Penal Code and ultimately, requested the Detaining Authority to invoke Act 14 of 1982 against the detenu.
4. The Detaining Authority after perusing the averments made in the affidavit and other connected documents, has arrived at a subjective satisfaction to the effect that the detenu is a habitual offender and ultimately, branded him as goonda by way of passing the impugned Detention Order and in order to quash the same, the present petition has been filed by the detenu himself as petitioner.
5. On the side of the respondents, counter has not been filed and therefore, the present petition has been disposed of on the basis of available materials on record.
6. Learned counsel appearing for the petitioner has contended to the effect that on the side of the detenu, a representation has been submitted to the concerned authorities and the same has not been disposed of without delay and therefore, the Detention Order in question is liable to be quashed.
7. Learned Additional Public Prosecutor has contended to the effect that the representation submitted on the side of the detenu has been duly disposed of without delay and therefore, the contention urged on the side of the detenu is liable to be rejected.
8. On the side of the respondents, a proforma has been submitted, wherein, it is clearly stated that in between column Nos.7 to 9, 7 clear working days are available and in between column Nos.12 and 13, 15 clear working days are available and no explanation has been given on the side of the respondents with regard to such delay and the same would affect the rights of the detenu guaranteed under Article 22[5] of the Constitution of
India and therefore, the Detention Order in question is liable to be quashed.
9. In fine, this petition is allowed. The Detention Order dated 02.02.2017 passed in BCDFGISSSV No.42/2017 by the Detaining Authority against the detenu by name, Ramesh, aged 23 years, S/o.Rajendran, is quashed and directed to set him at liberty forthwith, unless he is required to be incarcerated in any other case.
Sd/- Asst.Registrar (CS VI) /true copy/ Sub Asst. Registrar gya To 1.The Joint Secretary to Government of Tamil Nadu, Public [Law and Order] Department, Secretariat, Chennai-9.
2.The Secretary to the Government, Home, Prohibition and Excise Department, Secretariat, Chennai-9.
3.The Commissioner of Police, Greater Chennai Police.
4.The Superintendent, Central Prison-II, Puzhal, Chennai.
[in duplicate for communication to the detenu] 5.The Public Prosecutor, High Court, Madras.
H.C.P.No.635 of 2017 rr(co) ss(17/8/2017)