Sugashini v. The Secretary To The Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 899 of 2020 Sugashini ..Petitioner Vs

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

2. District Collector and District Magistrate of Vellore District, Vellore-9.

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

4. The Superintendent of Prison, Central Prison, Vellore -2.

5. The Inspector of Police, Latheri Police Station, Vellore District ..Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the records in connection with the order of detention passed by the second respondent dated 11.04.2020 in C3-D.O.No.28/2020 against the petitioner husband Rajkumar, Male aged 40 years, S/o.Manickam who is confined at Central Prison, Vellore and set aside the same and direct the respondents to produce the detenu before this Court and set him at liberty.

For Petitioner :

Mr.S.Senthilvel For Respondents : Mr.R.Prathap Kumar, Addl. Public Prosecutor

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The petitioner is the wife of Rajkumar, aged 40 years, S/o.Manickam, who is the detenu. The detenu has been detained by the second respondent by his order in C3-D.O.No.28/2020 dated 11.04.2020, holding him to be a "Sand Offender", as contemplated under Section 2(gg) of Tamil Nadu Act 14 of 1982. The said order is under challenge in this Habeas Corpus Petition.

2. We have heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents. We have also perused the records produced by the Detaining Authority.

3.Though learned counsel for the petitioner has raised several other grounds to assail the order of detention, he has mainly focused his argument on the ground that the detaining authority, while detaining the detenu, has not furnished the legible copies of the documents relied on by him. This deprived the detenu from making effective representation. Therefore, on this sole ground, the detention order is liable to be quashed. 4.On consideration of the submissions made on either side and upon perusal of the documents available on record, especially Form 91 pertaining to the similar case at Page No.45 of the booklet, it is clear that the detaining authority, by providing illegible copies of the documents, has taken away the rights of detenu to effectively defend himself against his detention. Thus the impugned detention order is liable to be set aside on this ground.

5. In the result, the Habeas Corpus Petition is allowed and the order of detention in C3-D.O.No.28/2020 dated 11.04.2020, passed by the second respondent is set aside. The detenu, namely, Rajkumar, aged 40 years, S/o.Manickam, is directed to be released forthwith unless his detention is required in connection with any other case.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To

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

2. The District Collector and District Magistrate of Vellore District, Vellore-9.

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

4. The Superintendent of Prison, Central Prison, Vellore -2.

5. The Inspector of Police, Latheri Police Station, Vellore District

6. The Public Prosecutor, High Court, Madras.

7. The Joint Secretary to Government, Public(Law&Order), Fort saint George, Chennai-9 H.C.P. No.899 of 2020 SVI(CO) RV(07/12/2020)