J.Usha, 51 Yrs, v. The State Of Tamilnadu Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 10.08.2018
CORAM
THE HONOURABLE MR.JUSTICE C.T.SELVAM and THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR H.C.P.No.610 of 2018 J.Usha .. Petitioner Vs.
1.State of Tamil Nadu Rep. by its Secretary to Government (Home), Prohibition and Excise Department, Fort St.George, Chennai-9.
2.The Commissioner of Police, Greater Chennai, Chennai-600 007.
.. Respondents Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Habeas Corpus, calling for the records relating to the order of detention BCDFGISSSV No.103/2018 dated, 21.02.2018 passed by the 2nd respondent and to quash the same and also to direct the detenu Johnson, S/O.Jesuraj, who is presently detained in the Central Prison, Puzhal, Chennai to be produced before this Hon`ble court and set at liberty.
For Petitioner :
Mr.A.E.Ravichandran For Respondents :
Mr.M.Mohamed Riyaz, Additional Public Prosecutor.
O R D E R
[Order of the Court was made by C.T.SELVAM, J.] Challenge is made to the order of detention passed by the second respondent vide Proceedings in BCDFGISSSV No.103/2018 dated 21.02.2018, whereby the detenu, by name, Johnson, son of Jusuraj, aged about 32 years, was ordered to be detained under the provisions of the Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Forest Offenders, Goondas, Immoral Traffic Offenders, Sand Offenders, Slumgrabbers and Video Pirates Act, 1982 (Tamil Nadu Act 14 of
1982) branding him as a "GOONDA".
2. The detenu has come to adverse notice in the following cases:- S.No Cr.No. & Police Station Offences 1.
Cr.No.71/2018 J-1 Saidapet Police Station 394 IPC 2.
Cr.No.96/2018 R-6 Kumaran Nagar Police Station 294(b), 384 & 506(ii) IPC The ground case has been registered against the detenu in Cr.No.83 of 2018 on the file of Inspector of Police, J-1 Saidapet Police Station for offences u/s 341, 323, 336, 392 IPC r/w 397 and 506(ii) IPC. The detention order has been passed by Second respondent in BCDFGISSSV No.103/2018.
3. Though many grounds have been raised in the petition, the learned counsel appearing for the petitioner, confines his argument only in respect of non-application of mind on the part of the detaining authority in passing the order of detention.
4. Learned counsel appearing for the petitioner submitted that the detenu was arrested in the ground case in Cr.No.83/2018 on 25.01.2018; whereas the detention order was passed on 21.02.2018, i.e. Nearly after a lapse of 27 days. This inordinate delay in passing of detention order would vitiate the same. Further, the Grounds of Detention would reveal that 2 adverse cases have been registered against the detenu and a ground case was registered against him in Cr.No.83/2018 for the offences u/s.341, 323, 336, 392 IPC r/w 397 and 506(ii) IPC. Admittedly, the bail applications filed by the detenu in the ground case before the learned Principal Sessions Judge, Chennai in Crl.M.P.No.2156/2018 and the same was dismissed on 08.02.2018 and he has moved bail application in the adverse cases in Crl.MP.Nos.
281/2018 and 425 of 2018 and the same were pending. Therefore, the likelihood of coming out on bail is very remote ; whereas the statement of the Sponsoring Authority has been taken into consideration by the Detaining Authority that the relatives of the detenu are taking steps to file bail applications in the ground case. When a bail application has not been moved, the logical conclusion would be that there is no likelihood of coming out on bail. Therefore, we are of the view that the finding of the Detaining Authority that there is likelihood of the detenu coming out on bail, is nothing but a clear nonapplication of mind and the Detaining Authority has not passed the order on merits ; but passed, based on mere ipsi dixit. Hence, we are of the view that the detention order is liable to be set aside.
5. In the result, the Habeas Corpus Petition is allowed and the order of detention in BCDFGISSSV No.103/2018 dated 21.02.2018, passed by the second respondent is set aside. The detenu, namely, Johnson, son of Jesuraj, aged about 32 years, is directed to be released forthwith unless his detention is required in connection with any other case. Sd/- Assistant Registrar(CS-VIII) //True Copy// Sub Assistant Registrar kmi To 1.The Secretary to Government (Home), Prohibition and Excise Department, Fort St.George, Chennai-9.
2.The Commissioner of Police, Greater Chennai, Chennai-600 007.
3.The Public Prosecutor High Court, Madras.
4.The Superintendent Central Prison, Puzhal, Chennai.
5. The Joint Secretary to Government, Public (law & Order), Fort Saint George, chennai 9 H.C.P.No.610 of 2018 RSI(CO) GN(03/09/2018)