Selvaraj v. The Secretary To The Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2020 Coram The Hon'ble Mr. Justice M.M.SUNDRESH and The Hon'ble Mr. Justice D.KRISHNAKUMAR H.C.P. No. 1135 of 2020 Selvaraj ..Petitioner Vs.

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

2. Commissioner of Police, Greater Chennai.

3. The Superintendent of Prison, Central Prison, Vellore.

4. The Inspector of Police, L & O, S-15, Selaiyur Police Station, Chennai.

..Respondents Petition filed under Article 226 of the Constitution of India for issuance of Writ of Habeas Corpus to call for the records in connection with the order of Detention passed by the second respondent dated 18.03.2020 in Memo No.

201/BCDFGISSSV/2020 against the petitioner Sister son Rahul, male aged 25 years, S/o. Ramu, 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.Senthil Vel 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 uncle of Rahul, male aged 25 years, S/o. Ramu, who is the detenu. The detenu has been detained by the second respondent by his order in Memo No.

201/BCDFGISSSV/2020 dated 18.03.2020, 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 first information report pertaining to similar case at Page No.349 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 Memo No. 201/BCDFGISSSV/2020 dated 18.03.2020, passed by the second respondent is set aside. The detenu, namely, Rahul, male aged 25 years, S/o. Ramu, 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 Commissioner of Police, Greater Chennai.

3. The Superintendent of Prison, Central Prison, Vellore.

4. The Inspector of Police, L & O, S-15, Selaiyur Police Station, Chennai.

5. The Public Prosecutor, High Court, Madras.

6. The Joint Secretary to Government, Public (Law & Order), Fort saint George, Chennai-9.

H.C.P. No.1135 of 2020 (CO) RV(03/12/2020)