Kolanji v. The State Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 946 of 2020 Kolanji .. Petitioner Vs.
1.State of Tamil Nadu, Rep. by its Secretary to Government(Home), Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District, Cuddalore.
4.The Superintendent, Central Prison, Cuddalore.
5.The Inspector of Police, Mangalampettai Police Station, Cuddalore.
.. Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Habeas Corpus to call for the entire records of the 2nd respondent, in his proceeding C.3/D.O./29/2020 dated 06.03.2020 to quash the same and consequently direct the respondents to produce the petitioner's husband Ezhumalai @ Elango now confined in Central Prison, Cuddalore before this Court and set him at liberty forthwith. For Petitioner : Mr.S.Vigneswaran 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 Ezhumalai @ Elango, aged about 44 years, S/o.Mannankatti, who is the detenu. The detenu has been detained by the second respondent by his order in C.3/D.O./29/2020 dated 06.03.2020, holding him to be a "Goonda", as contemplated under Section 2(f) 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 the Form 91 pertaining to the ground case at Page No.81 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 C.3/D.O./29/2020 dated 06.03.2020, passed by the second respondent is set aside. The detenu, namely, Ezhumalai @ Elango, aged about 44 years, S/o.Mannankatti, 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
mmi/ssm To 1.The Secretary to Government(Home), Prohibition and Excise Department, Fort St.George, Chennai - 600 009.
2.The District Collector and District Magistrate, Cuddalore District, Cuddalore.
3.The Superintendent of Police, Cuddalore District, Cuddalore.
4.The Superintendent, Central Prison, Cuddalore.
5.The Inspector of Police, Mangalampettai Police Station, Cuddalore.
6.The Public Prosecutor, High Court, Madras.
H.C.P. No.946 of 2020 UM(CO) cs 19/12/2020