P.Mallika v. State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.08.2023
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE R.SAKTHIVEL H.C.P.Nos.518 and 559 of 2023 P.Mallika .. Petitioner in H.C.P.No.518 of 2023 K.Jayanthi .. Petitioner in H.C.P.No.559 of 2023 Vs 1.State of Tamil Nadu rep. By its Secretary, Prohibition and Excise Department, Fort St. George, Chennai - 9.
2.The District Collector and District Magistrate, Thiruvannamalai, Thiruvannamalai District.
3.The Superintendent of Prison, Central Prison, Vellore, Vellore District.
4.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.
5.The Inspector of Police, Arani Town Police Station, Thiruvannamalai District.
.. Respondents in both HCPs Page Nos.1/24
Prayer in H.C.P. No.518 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records of the detention dated 04.03.2023 in detention order D.O.No.25/2023-C2 on the file of the second respondent herein and quash the same and direct the respondents herein to produce the body of the detenu Saravanan, S/o.Pari, Hindu, aged about 33 years, who is now confined in Central Prison, Vellore, before this Court and set him at liberty. Prayer in H.C.P. No.559 of 2023: Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of habeas corpus to call for the records of the detention dated 04.03.2023 in detention order D.O.No.26/2023-C2 on the file of the second respondent herein and quash the same and direct the respondents herein to produce the body of the detenu Kumaran, S/o.Perumal, Hindu, aged about 37 years, who is now confined in Central Prison, Vellore, before this Court and set him at liberty. For Petitioner :
Mr.R.Krishnakumar in both HCPs For Respondents :
Mr.E.Raj Thilak Additional Public Prosecutor in both HCPs Page Nos.2/24
COMMON ORDER [Order of the Court was made by M.SUNDAR, J.,] This common order will now dispose of captioned two 'Habeas Corpus Petitions' (hereinafter 'HCPs' for the sake of convenience and clarity).
2. When the captioned HCPs were listed in the Admission Board on 05.04.2023 and 12.04.2023 respectively, the following orders were made:
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H.C.P.No.518 of 2023 M.SUNDAR, J., and M.NIRMAL KUMAR, J., (Order of the Court was made by M.SUNDAR, J.,) Captioned Habeas Corpus Petition has been filed in this Court on 24.03.2023 inter alia assailing a detention order dated 04.03.2023 bearing Reference D.O. No.25/2023-C2 made by 'second respondent' [hereinafter 'Detaining Authority' for the sake of convenience and clarity]. To be noted, fifth respondent is the Sponsoring Authority.
2.
Mother of the detenu is the petitioner.
3.
Mr.R.Thamaraiselvan, learned counsel on record for habeas corpus petitioner is before us. Learned counsel for petitioner submits that ground Page Nos.3/24
case qua the detenu is for 'man missing' subsequently altered into one under Section 364 A of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity] in Crime No.10 of 2023 on the file of Arni Town Police Station.
4.
The aforementioned detention order has been made on the premise that the detenu is a 'Goonda' under Section 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexualoffenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity]. 5.
The detention order has been assailed inter alia on the grounds that some of the pages in the booklet furnished to the detenu are not legible and the remand order and remand extension order have not been furnished to the detenu.
6.
Prima facie case made out for admission.
Admit. Issue Rule nisi returnable by four weeks. 7.
Mr.R.Muniyapparaj, learned Additional Public Prosecutor, State of Tamil Nadu accepts notice for all respondents. List the captioned Habeas Corpus Petition accordingly.'
'H.C.P.No.559 of 2023 M.SUNDAR, J., and M.NIRMAL KUMAR, J., (Order of the Court was made by M.SUNDAR, J.,) Captioned Habeas Corpus Petition has been filed in this Court on 24.03.2023 inter alia assailing a detention order dated 04.03.2023 bearing reference D.O.No.26/2023-C2 made by 'second respondent' [hereinafter 'Detaining Authority' for the sake of convenience and clarity].
To be noted, fifth Page Nos.4/24
respondent is the Sponsoring Authority.
2. Wife of the detenu is the petitioner.
3. Learned counsel for petitioner submits that ground case qua the detenu is for alleged offences under Section 364A altered to Sections 147, 364A, 302, 201 read with 120(B) of 'The Indian Penal Code (45 of 1860)' [hereinafter 'IPC' for the sake of convenience and clarity] in Crime No.10 of 2023 on the file of Arni Town Police Station.
4. The aforementioned detention order has been made on the premise that the detenu is a 'Goonda' under Section 2(f) of 'The Tamil Nadu Prevention of Dangerous Activities of Bootleggers, Cyber law offenders, Drug-offenders, Forest-offenders, Goondas, Immoral traffic offenders, Sand-offenders, Sexualoffenders, Slum-grabbers and Video Pirates Act, 1982 (Tamil Nadu Act No.14 of 1982)' [hereinafter 'Act 14 of 1982' for the sake of convenience and clarity].
5. The detention order has been assailed inter alia on the ground that some pages in the grounds booklet furnished to the detenu are illegible which prevented the detenu from making an effective representation.
6. Prima facie case made out for admission. Admit. Issue Rule nisi returnable by four weeks.
7. Mr.R.Muniyapparaj, learned Additional Public Prosecutor, State of Tamil Nadu accepts notice for all respondents. List the captioned Habeas Corpus Petition accordingly.'
3. The aforementioned Admission Board orders capture all essentials that are imperative for appreciating this order and therefore, we are not setting out the same again in this order. Suffice to say that aforementioned Admission Board orders shall be read as an integral part and parcel of this order. Be that as it may, we are using the short Page Nos.5/24
forms, short references and abbreviations used in the Admission Board orders in this order also for the sake of convenience and clarity. To be noted, 'detention orders dated 04.03.2023 bearing reference D.O.No.25/2023-C2 and D.O.No.26/2023-C2 respectively' made by the Detaining Authority shall hereinafter be referred to as 'impugned preventive detention orders' in this order for the sake of brevity, convenience and clarity.
4. When the matter was taken up, Mr.R.Krishna Kumar, learned counsel for petitioner in both captioned HCPs and Mr.E.Raj Thilak, learned State Additional Public Prosecutor for all the respondents in both captioned HCPs are before us.
5. We are informed that totally there are seven accused in the ground case including the two detenus in the captioned HCPs. All seven accused were clamped with preventive detention orders. As regards five accused (excluding both detenus in the captioned HCPs), the preventive detention orders were challenged in this Court by way of five HCPs and those HCPs have been allowed. There is also no disputation or disagreement on the point on which the five HCPs were allowed is available ( to the detenu in the captioned two HCPs also) in Page Nos.6/24
the petitioners' campaign against the impugned preventive detention orders.
6. This Court with the intention of not burdening this order with all the five HCPs orders deems it appropriate to scan and reproduce two of the orders i.e., C.Suganya's case (being order dated of Madras High Court being 2023:MHC:3708 and S.Abina's case (being order dated 10.08.2023 in H.C.P. No.847 of 2023) reported scanned reproduction of these two orders is as follows:. Page Nos.7/24
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7. As there is no disputation or contestation that the same point on which the aforementioned two HCPs were allowed is available to the detenu in the captioned two HCPs also, in both the captioned HCPs, the respective impugned preventive detention orders are set aside and both the captioned HCPs are allowed.
8. Ergo, the sequitur is, captioned HCP (H.C.P. No.518 of 2023) is allowed. Impugned preventive detention order dated 04.03.2023 bearing reference D.O.No.25/2023-C2 made by the second respondent is set aside and the detenu Thiru.Saravanan, aged 33 years, son of Thiru.Pari, 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.
9. Apropos, the sequitur is, captioned HCP (H.C.P. No.559 of 2023) is allowed. Impugned preventive detention order dated 04.03.2023 bearing reference D.O.No.26/2023-C2 made by the second respondent is set aside and the detenu Thiru.Kumaran, aged 37 years, son of Thiru.Perumal, is directed to be set at liberty Page Nos.22/24
forthwith, if not required in connection with any other case / cases. There shall be no order as to costs.
(M.S.,J.) (R.S.V.,J.) 21.08.2023 Index : Yes/No mmi P.S: Registry to forthwith communicate this order to Jail authorities in Central Prison, Vellore.
To 1.The Secretary to Government, Prohibition and Excise Department, Fort St. George, Chennai - 9.
2.The District Collector and District Magistrate, Thiruvannamalai, Thiruvannamalai District.
3.The Superintendent of Prison, Central Prison, Vellore, Vellore District.
4.The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.
5.The Inspector of Police, Arani Town Police Station, Thiruvannamalai District.
6.The Public Prosecutor, High Court, Madras.
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M.SUNDAR, J., and R.SAKTHIVEL, J., mmi H.C.P.Nos.518 and 559 of 2023 21.08.2023 Page Nos.24/24